Terms and Conditions (also referred to as a “Terms”) is the agreement between you and theUs (here after Company), which defines rules and conditions of legal use of thisWebsite.
Please read these terms and conditions before using Our Website.
You must not use this Website if you disagree with any of these Terms and Conditions. The Terms andConditions of this agreement may be changed by us at any time, effective upon notice to you, whichnotice shall be deemed to have been provided upon our posting of the current version of thisagreement on the website/ upon our updating the website with the current version of thisagreement.
It is important for us to ensure that you are maximally satisfied with the Service you use.
If you have any suggestions/recommendations on how we can improve our Service, or if you have anyquestions, please contact us at [email protected].
Our team will be glad to help you if you have some troubles with using our Website as soon aspossible.
We genuinely hope that our Service will bring you pleasure, and you will be able to find what youhave joined us for.
1. Interpretation and Definitions. Interpretation
1.1.1 The following definitions shall have the same meaning regardless of whethertheyappear in singular or in plural.
1.2. Definitions
1.2.1 For the purposes of these Terms and Conditions:
- Company (referred to as either “the Company ”, “We”, “Us”or “Our” in this Agreement) – the legal entity which operates the Website.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- The Website, accessible from https://online-dating-review.net.
- You (also referred as “User”) means the visitor or individual accessing or using the Service, as applicable.
- Service – refers to the Website.
2. Acknowledgment
2.1. These Terms and Conditions set out the rights and obligations of all Usersregardingthe use of the Website.
2.2. These Terms and Conditions apply to all visitors, Users, and others who accessor usethe Service.
2.4. By using our Website, you consent to us obtaining and holding your data as setout inthe Privacy Policy.
2.4. Your access to and use of the Service is also conditioned on Your acceptance ofandcompliance with the Privacy Policy of the Company. Our Privacy Policy describes Ourpolicies and procedures on the collection, use, and disclosure of Your personalinformation when You use the Website and tells You about Your privacy rights and howthe law protects You.
2.5. United States Legal Compliance:
2.5.1. You represent and warrant that (i) You are not located in a country that issubject to the United States government embargo, or that has been designatedby the United States government as a “terrorist supporting”country, and (ii) You are not listed on any United States government list ofprohibited or restricted parties.
3. Description of Service
3.1. This Website was created to help you review and choose the best dating serviceforYou. We do not provide information about every dating site, but only about those whocontacted us to post their information. We publish only provided information andgive our personal assessment of sites based on our criteria.
3.2. This site is a free online resource that offers its visitors content andfeatures tocompare different sites, but only about those who contacted us to post theirinformation. We publish only provided information from such websites and give ourpersonal assessment of sites based on our criteria.
3.4. To determine the rating we take into account the content, posts, prices, users,termsand other analytical data of the dating websites. Please be aware that the Websitecharges a rekdam fee from these sites. The amount of the fee affects the order inwhich sites (and/or their products) are presented and, in some cases, may alsoaffect the rating assigned to them.
3.5. The listed sites and their products on our Service do NOT imply an unequivocalendorsement.
3.6. Please note that we may publish various advertising materials, including butnotlimited to banners, video-materials, pop-ups, etc. The texts here are written in anartistic manner and may contain wording exaggerations. Photos (including persons’photos) and pictures on the Website are used solely for illustration purposes andshould not be associated with real people.
3.7. Except as expressly set forth in our Terms of Use, we disclaim allrepresentationsand warranties with respect to the information provided on our Site.
3.8. Your right to use the Service is subject to any limitations, conditions, andrestrictions established by us from time to time, in our sole discretion.
3.9. By using the Website, you confirm that you are over eighteen (18) years of age.Ifyou are under 18 you cannot use this Website.
4. “AS IS” and “AS AVAILABLE” Disclaimer and Maintenance of the Website
4.1. The Service is provided to You “AS IS” and “AS AVAILABLE”andwith all faults and defects without warranty of any kind, expressed, implied orstatutory, in any communication with its representatives, otherwise with respect tothe Service.
4.2. The maximum extent permitted under applicable law, the Company, on itsown behalf andon behalf of its Affiliates and its and their respective licensors and serviceproviders, expressly disclaims all warranties, whether express, implied, statutoryor otherwise, with respect to the Service, including all implied warranties ofmerchantability, fitness for a particular purpose, title and non-infringement, andwarranties that may arise out of course of dealing, course of performance, usage ortrade practice.
4.3. Without limiting the foregoing, neither the Company nor any of thecompany’sprovider makes any representation or warranty of any kind, express or implied: (i)as to the operation or availability of the Service, or the information, content, andmaterials or products included thereon; (ii) as to the accuracy, reliability, orcurrency of any information or content provided through the Service; or (iii) thatthe Service, its servers, the content, or e-mails sent from or on behalf of theCompany are free of viruses, scripts, trojan horses, worms, malware, timebombs orother harmful components.
4.4. Also, it is possible that other persons (including unauthorized users,or «hackers»)may post or transmit offensive or obscene materials through the Service and that Youmay be involuntarily exposed to such offensive or obscene materials. It also ispossible for others to obtain personal information about You due to Your use of theService. Those others may use Your information for purposes other than what Youintended. We are not responsible for the use of any personal information that Youdisclose on the Service.
4.5. The Company disclaims all liability, regardless of the form of action,for the actsor omissions of other persons (including unauthorized users), whether such acts oromissions occur during the use of the service or otherwise. It is not responsiblefor any incorrect or inaccurate Content posted on the Website or in connection withthe Service, or by any of the equipment or programming associated with or utilizedin the Service. The Website assumes no responsibility for any error, omission,interruption, deletion, defect, delay in operation or transmission, communicationsline failure, theft or destruction or unauthorized access to, or alteration ofuser.
4.6. The Company is not responsible for any problems or technicalmalfunction of anytelephone network or lines, computer online systems, servers or providers, computerequipment, software, failure of email or players on account of technical problems ortraffic congestion on the Internet or at any Websites or combination thereof,including injury or damage to any person computer related to or resulting fromparticipating or downloading materials in connection with the Website. Under nocircumstances will the Company be responsible for any loss or damage, includingpersonal injury or death, resulting from anyone’s use of the Website, anyContent posted on the Website.
4.7. Additionally, we do not make any warranties that the Website will beuninterrupted,secure or error free or that your use of the Website will meet your expectations, orthat the Website, our content is correct, accurate, or reliable.
4.8. Your use of the Website is at your own risk.
4.9. Some jurisdictions do not allow the exclusion of certain types ofwarranties orlimitations on applicable statutory rights of a consumer, so some or all of theabove exclusions and limitations may not apply to You. But in such a case theexclusions and limitations set forth in this section shall be applied to thegreatest extent enforceable under applicable law.
4.10. You acknowledge and agree that from time to time We may need to:
4.10.1. fix defects and errors in the Website;
4.10.2. install updates and undertake general diagnosis and maintenance of theWebsite; and
4.10.3. undertake emergency maintenance and/or suspend access to the serversand thatas a result of which the Service may be less accessible or unavailable toYou from time to time.
4.10.4. Whilst We monitor the Website with a view to locating and fixingdefects, Youacknowledge and agree that We cannot guarantee that the Website or anyindividual feature of the Website will be error free, be available at alltimes and/or be free from viruses and defects.
4.10.5. We will make a considerable effort to recover lost information.However, youtake full responsibility and risk of your use of the Service and use of allinformation contained within it. Besides, keep in mind that we have theright to make changes or corrections, alter, suspend or discontinue anyaspect of the Website or the content or Services available through it,including your access to it. Such changes or additions shall take effectwithin a reasonable amount of time. You are advised to check the Serviceevery now and again to keep yourself up to date with any changes.
4.10.6. The Company is not responsible for any damage to your computerhardware,computer software, or other equipment or technology including, but withoutlimitation damage from any security breach or from any virus, bugs,tampering, fraud, error, omission, interruption, defect, delay in operationor transmission, computer line or network failure or any other technical orother malfunction.
5. Cookies
5.1. This Cookie describes what cookies and similar technologies are, what types ofcookies are placed on your device when you visit the Website and how we usethem.
5.2. This Cookie does not address how we deal with your personal data generally. Tolearnmore about how we process your personal data, please see our Privacy Policy. Weencourage you to read this policy so that you can understand what information iscollected when you visit or interact with the Service, and how we or our serviceproviders may use cookies, web beacons, and other similar technologies for storinginformation about your interactions with the Service to help provide you with abetter, faster, and safer experience and for advertising purposes. Please check theTerms of Use for the meaning of defined words (those with capital letters) notexplicitly defined in this Cookie.
5.3. What are cookies? Cookies are text files, containing small amounts oftechnicallyrelevant information, which are downloaded mostly to/by a web browser on your device(such as a computer or smartphone, etc.) when you visit a Website. Cookies can berecognized by the Website that downloaded them or other Websites that use the samecookies.
5.4. What are web beacons? Some of our web pages may contain electronic images knownas web beacons (sometimes also called clear gifs or pixel tags). Web beacons areusually small images located on a webpage or email that you are viewing. The requestthat your Internet-connected device makes to fetch the image from theserver/computer is recorded and provides us with information such as the IP addressof the computer wanting to view the image, the time the image was viewed, and thetype of browser viewing the image. For example, through that technology we can seeif an email or advertisement has been opened and acted upon. It means that cookieswork together with web beacons to accomplish the functions and purposes described inthis Cookie.
5.5. What are cookies used for? Cookies do lots of different jobs. They adaptthe Website according to previously chosen preferences, help us understand how theWebsite is being used, let you navigate between pages efficiently, and help toimprove your browsing experience in general. Cookies can also help ensureadvertisements you see online are more relevant to your interests.
5.6. Types of cookies we use. The types of cookies used on most websites cangenerally be put into one of the following categories: strictly necessary,analytics, functionality, social media, advertising and fraud prevention. In orderto provide you with the best browsing experience, we and our third-party partnersmay use cookies from all of these categories. You can find out more about the
5.7. Strictly Necessary Cookies. These cookies are essential to make the Websiteworkon your browsing device. They enable you to pass security checks and navigatethrough our Website and use its features and the Services. Without these cookies theuse of the Services, that are necessary for you, can’t be provided in principleor at a decent level.
5.8. Analytics Cookies. These cookies collect information about how Users use theWebsite. For example, which pages are visited most often, how Users move from onelink to another, and whether they get error messages from certain pages. All in all,these cookies provide us with analytical information about how the Website works andhow we can make it more comfortable and perfect.
5.9. Functionality Cookies. These cookies allow us to remember the choices you makeand tailor our Website to provide enhanced features and content to you. For example,these cookies can be used to remember your username, language choice, or countryselection and they can also be used to remember changes you have made to text size,font, and other parts of pages that you have previously customized.
5.10. Advertising Cookies. These сookies are being used to deliver advertisements onour Website, on other websites around the Web to Users that have visited or used ourService, or to deliver advertisements about the Services that are relevant to youand your interests. These cookies also limit the number of times you see anadvertisement as well as help measure and report the results and effectiveness of anadvertising campaign. They remember that you have visited the Website and thisinformation may be shared with other organizations such as advertisers. This meansafter you have visited our Service you may see advertisements about our Services orother services elsewhere on the Internet.
5.11. Social Media Cookies. To enhance your Internet experience and to make thesharing of content easier, some of the Website’s pages contain tools that arelinked to third party social media service providers. To enable automaticinformation exchange between us and these providers you will need to use arespective button, menu option, etc. Through these tools, third-party serviceproviders, i.e. social media networks may set their own cookies on your device. Wedo not control these cookies and you should check these social media serviceprovider’s Website for further details about how they use cookies and how tocontrol them.
5.12. Google™ Cookies and Google Analytics. When browsing this website andusingthe services relying on Google Maps API cookies, you consent to the storage,collection of such cookies on your device and to the access, usage and sharing byGoogle of the data collected thereby. Google manages the information and yourchoices pertaining to Google Maps API Cookies via an interface separate from thatsupplied by your browser. For more information, please see www.google.com.
5.12.1. Google Analytics. The Website also uses Google Analytics, which is aGoogle service that uses cookies and other data collection technologies tocollect information about your use of the websites and services in order toreport website trends. You can opt out of Google Analytics by visitingwww.google.com/settings/ads or by downloading the Google Analytics opt-outbrowser add-on at tools.google.com.
5.13. Adobe Flash Player™ Flash cookies. Adobe Flash Player is an applicationfor viewing and interacting with dynamic content using the Flash platform. Flash(and similar applications) use a technology akin to cookies to memorize parameters,preferences and uses of this content. However, Adobe Flash Player manages thisinformation and your choices via an interface separate from that supplied by yourbrowser. If your terminal is likely to display content developed using the Flashplatform, we suggest you access your Flash cookie management tools directly via www.adobe.com.
5.4. Fraud Prevention Cookies. These cookies, flash storage tokens, smart phone SDKapplications, or other software on the end user’s device contain a uniqueidentifier. Subsequently, in transactions between you and us, that identifier isaccessed and checked through third party databases to determine if the device hasbeen associated with suspected fraud or abuse reported by other online serviceproviders in connection with prior transactions involving that device. How long willcookies stay on the device? The length of time a cookie will stay on your browsingdevice depends on whether it is a “persistent” or “session”cookie. Session cookies will only stay on your device until you stop browsing.Persistent cookies stay on your device after you have finished browsing and untilthey expire or are deleted.
5.15. First and third-party cookies. First-party cookies are cookies that belong tousand are mostly used to adapt the Website interface according to your preferences andfor other purely technical reasons, like authorization, correct work of modules,etc. Third-party cookies are cookies that the third-party service providers/ourpartners place on your browsing device when you visit our Website and/or use ourService. These are used for more appropriate advertising, different analytics. Bothfirst and third-party cookies can be analytics, functionality, and advertisingcookies.
5.16. How to manage first-party Cookies. You are able to adjust the browser that youare using for our Services and enable, disable or delete Cookies. To do this, followthe instructions provided by your browser (usually located within the “Help”,”Tools” or “Edit” settings). Please note that if you set yourbrowser to disable cookies, you may not be able to access the secure areas of theWebsite and other parts of the Website may also not work properly. You may also beable to opt-out of some targeted advertising on your mobile device by selecting”limit ad tracking” (iOS) or “opt-out of interest-based ads”(Android). Here you may find more information on how to manage cookies in yourbrowser:
5.16.1. Chrome: support.google.com
5.16.2. Explorer: support.microsoft.com
5.16.3. Safari: support.apple.com
5.16.4. Firefox: support.mozilla.org
5.16.5. Opera: www.opera.com
5.17. How to manage third-party Cookies. Cookies that are placed on your browsingdevice by a third party while you are viewing our Website and may be managed throughyour browser settings (as described above), by selecting the Do Not Track option onyour browser (though we have no control over and cannot confirm whether thesethird-party ad networks respond to the Do Not Track browser signal), or by checkingthe third party’s Website for more information about cookie management and howto “opt-out” of receiving cookies from them. For more information aboutthird-party cookies used on our Website, please refer to the respective provider’spolicies that we cooperate with. We also allow advertising networks to delivercookies when you are viewing our Website, and these advertising partners may includeYahoo’s Flurry service and may change from time to time. Analytics andadvertising – Google, Yahoo, Bing etc.
5.18. Some web browsers provide settings that allow you to control or reject cookiesor to alert you when a cookie is placed on your computer. The procedure for managingcookies is slightly different for each internet browser.
5.19. You also may be able to reset device identifiers by activating the appropriatesetting on your mobile device. The procedure for managing device identifiers isslightly different for each device. You can check the specific steps in the help orsettings menu of your particular device.
5.20. Our use of cookies and local storage devices, including the specific cookienames,may change over time, but will generally fall into the above categories. We willnotify you of any important changes to our use of cookies and local storagedevices.
5.21. How to reject or opt out of receiving cookies. If you do not wish cookies tobe stored on your machine, you can do the following:
- delete the cookies from your browser. Most browsers also allow you to prevent all or some cookies being stored on your machine in the future. For more information on how to delete or disable cookies from your browser please use the “help” function within your browser or alternatively visit www.allaboutcookies.org; and/or
- Please note that we can’t always control third party cookies stored on your machine from our website and where this is the case you will need to visit the relevant third party’s website directly to manage cookies stored on your machine by them. Please see our “Third Party Cookies” section below.
6. Copyright Policy and Intellectual Property
6.1. We respect the intellectual property rights of others. It is Our policy torespond toany claim that Content posted on the Service infringes a copyright or otherintellectual property infringement of any person.
6.2. Without limiting the foregoing, if You believe that Your work has been copiedandposted on the Service in a way that constitutes copyright infringement, pleasesubmit Your notice in writing to the attention of our copyright agent via email [email protected]. with the following information: an electronic orphysical signature of the person authorized to act on behalf of the owner of thecopyright interest; a description of the copyrighted work that You claim has beeninfringed; a description of where the material that You claim is infringing on suchcopyright is located on the Website; Your address, telephone number, and emailaddress; a written statement by You that You have a good faith belief that thedisputed use is not authorized by the copyright owner, its agent, or the law; astatement by You, made under penalty of perjury, that the above information in Yournotice is accurate and that You are the copyright owner or authorized to act on thecopyright owners behalf.
6.3. You may be held accountable for damages (including costs and attorneys’fees)for misrepresenting that any Content is infringing Your copyright.
6.4. You must not use or allow others to access or use, all or any part of ourservices ofthe Website or the contents for non-commercial purposes and shall use the Serviceonly and subject to her/ his strict compliance with these Terms.
6.5. Unless otherwise stated in these Terms, you must not (whether directly orindirectly):
6.5.1. distribute, transmit, syndicate, sell or offer to sell or otherwise makeavailable all or any part of the Service or any content, files, feeds ordata from the Service, whether publicly available or not; or
6.5.2. copy, download, or store any content, files, feeds or data from the Service,whether publicly available or not, to make or populate a database orpublication of any kind.
6.6. The Service and its original content (including Website design, stickers, alltext onthe Website, images etc.), features and functionality is and will remain theexclusive property of the Company and its licensors.
6.7. Proprietary Rights include, but are not limited to, database rights, copyright,design rights (whether registered or unregistered), patents, trademarks (whetherregistered or unregistered) and other similar rights, wherever existing in theworld, together with the right to apply for protection of the same of the Websiteand its licensors. You may not copy, modify, publish, transmit, distribute, perform,display, or sell any such proprietary information.
6.8. The Service is protected by copyright, trademark, and other laws of both theCountry of origin and foreign countries.
6.9. Our trademarks must not be used in connection with any product or servicewithout theprior written consent of the Company.
6.10. Our Website, located at https://online-dating-review.net., belongs to.
6.11. In case of infringement of intellectual property rights, you are liable for $10,000for each infringement. You will also be liable for damages, including non-pecuniaryand reputational damages, legal costs and attorneys’ fees.
6.12. The Service contains information which is proprietary to us, our partners.
6.13. We assert full copyright protection in the Service. Information posted by us,our partners, may be protected whether or not it is identified as proprietary to us or to them.
6.14. You agree not to modify, copy, or distribute any such information in anymannerwhatsoever without having first received the express permission of the owner of suchinformation.
6.15. Portions of the Website may include third party software that are subject tothirdparty terms and conditions (“Third-Party Terms”). The Website willcomply with any rightful request you submit to us for exercising your rights undersuch Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms shall prevail in connection with the corresponding third-party software.
7. DMCA Notice and DMCA Procedure for Copyright Infringement Claims
7.1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
7.2. You can contact our copyright agent via email at [email protected].
7.3. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
8. Third Party Sources and Content
8.1. We may use, present to you and/or link to third-party products and/or services on our platform. We do not endorse or make any guarantee or promise, and do not assume any responsibility for any such third-party products and/or services. Please note that we can’t guarantee that our platform will be compatible with your browser, network, or computer set-up.
8.2. The Website enables you to view, access, link to, and use third party material, which are not owned or controlled by us (“Third-Party Content”). Third-Party Content is provided without the Website or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification as to whether such content is true, complete or accurate. Third Party Sources may include: their websites and services, content, business partners and customers, intellectual property materials, advertising etc.
8.3. We are not affiliated with and have no control over any Third-Party Sources and Content and do not assume any responsibility for it. Please read the terms of use and privacy policy of any source of such third-party before you engage in any such activity.
8.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third-Party Content or communicated to you from a Third-Party Source.
8.5. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third Party Content. By accessing or using the Website, you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable.
8.6. You are solely responsible and liable for your interaction with Third Party Sources. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Website, and release the Website from any and all liability, arising from your use of and interaction with any Third-Party Content and/or Third-Party Source. If you have any query or complaint regarding a Third-Party Source or Third-Party Content, you agree to contact the Third-Party Source directly.
9. License terms.
9.1. You assign all rights, title, and interest in any Feedback You provide the Company.
9.2. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
9.3. You shall not:
- copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Website or any content;
- disrupt servers or networks connected to the Website;
- use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or
- circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.
10. Links to Other Websites
10.1. Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site.
10.2. We strongly advise you to review the Privacy Policy of every site you visit.
10.3. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
10.4. The Website primary activity is to display Third-Party Content. Such Third-Party Content is not owned or controlled by the Website. Our custom system enables us to learn about when and what ads you see, what ads you click. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
10.5. There are a number of places on the Website where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on the Website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect data, including personal data, from you and, in some instances, provide us with data about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.
10.6. We may target advertising to you through a variety of ad networks and exchanges, using data from advertising technologies on and off of the Website like, unique cookie, or similar tracking technology, pixel, device identifiers, geolocation, operation system information, email. Advertising you receive on other websites is customized based on predictions about your interests generated from your use of the Website, visits to different websites. This type of advertising customization is called “online behavioral” or “interest-based” advertising.
11. Termination and changes to these Terms and Conditions.
11.1. If any court or competent authority of United Kingdom finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
11.2. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
11.3. By continuing to access or use Our Service after those revisions become effective You agree to be bound by the revised terms.
11.4. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
12. Limitation of Liability
12.1. NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF SITE, OUR CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
12.2. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
12.3. Without prejudice to the generality of the exclusions of liability contained in this clause, We shall not be liable to You if You cannot access the Website properly or at all (wholly or partly) or if some of its features are unavailable to You due to events outside Our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device You use to access the Website).
12.4. We shall have no liability to You for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Website.
12.5. If any third party brings any kind of demand, claim, suit, action or proceeding against the Website, our affiliates, and/or any of our respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), which is based upon or arises from: your use of the Website; any breach by you under these Terms; and/or any of your User Submissions (each of the foregoing, a “Claim”) then, upon request by the Website (to be decided at our sole and absolute option), you agree to assume full control of the defense and settlement of the Claim; provided, however, that:
- the Company reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim and you shall not settle any Claim, or admit to any liability thereunder, without the express prior written consent of the Website.
12.6. In addition, and regardless of whether (or the extent to which) you participated in the defense and/or settlement of a Claim, you agree to indemnify and hold harmless the Indemnitee against:
- any costs and expenses (including reasonable attorneys’ fees) incurred by the Indemnitee in the defense of such Claim;
- and any amounts to be paid in settlement of the Claim, or awarded against the Indemnitee under such Claim (such as, but not limited to, damages, liabilities, and fines).
13. Governing Law and dispute resolutions
13.1. Any dispute shall be referred to and finally resolved by arbitration under the LCIA Rules (London Court of International Arbitration), which Rules are deemed to be incorporated by reference into this clause.
13.2. The number of arbitrators shall be one.
13.3. The seat, or legal place, of arbitration, shall be London.
13.4. The language to be used in the arbitral proceedings shall be English.
13.5. The governing law shall be the substantive law of the United Kingdom If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected].
14. Severability and Waiver
14.1. Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14.2. Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Contact Us
15.1. Waiver. If you have any questions about these Terms and Conditions, You might contact us at: [email protected].
