AGREEMENT TO OUR LEGAL TERMS
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. ADVERTISERS
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. SMS TEXT MESSAGING
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided through the Services is not intended for distribution or use by any individual or entity in jurisdictions where such distribution or use would violate local laws or regulations, or where it would impose any registration requirements on us. Therefore, individuals accessing the Services from other locations do so at their own risk and are solely responsible for complying with local laws, where applicable.
2. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights related to our Services are either owned by us or licensed to us. This includes trademarks, service marks, and logos (collectively, the “Marks”), as well as any source code, databases, software, website designs, audio, video, text, photos, and graphics (collectively, the “Content”). Both domestically and internationally, these Marks and Content are protected by copyright, trademark, and other intellectual property laws. They are provided for your internal corporate use or personal, non-commercial use only through our Services “AS IS.”
Your Use of Our Services
Provided you comply with these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services
- Download or print copies of any content you’ve been authorized to access
Unless explicitly authorized by us, you may not duplicate, upload, post, publicly display, encode, translate, communicate, sell, license, or use any part of the Services, Content, or Marks for commercial purposes. If we grant permission for such use, you must credit us as the owners or licensors and retain all copyright or proprietary notices.
We reserve all rights not expressly granted to you concerning the Services, Content, and Marks. Any infringement of these intellectual property rights will be considered a serious violation of our legal terms, resulting in immediate revocation of your access to our services.
Your Submissions and Contributions
Please carefully review this section along with the “PROHIBITED ACTIVITIES” section to fully understand (a) the rights you grant to us and (b) your responsibilities when posting or uploading content through our Services.
Submissions:
By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in those Submissions to us. We will own these Submissions and may use them for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
Contributions:
When you engage with blogs, message boards, forums, or other features of our Services, you may create, upload, post, or display content, including text, audio, video, images, music, graphics, reviews, comments, and private data (collectively referred to as “Contributions”). Online submissions are also included as Contributions.
By sharing your Contributions, you grant us the right to use your image, name, voice, and other aspects of your work for any commercial or advertising purpose. This license is broad, irrevocable, perpetual, non-exclusive, transferable, and royalty-free worldwide. It also applies to the use of your name, company name, trademarks, and personal photos.
Your Responsibilities:
You are responsible for the content you post or upload. By sending Submissions or posting Contributions, you:
- Confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post any content that is illegal, hateful, defamatory, obscene, discriminatory, or otherwise unacceptable;
- Waive any moral rights to such Submissions or Contributions where permitted by law;
- Warrant that your Submissions and Contributions are original or that you have the necessary rights and licenses to grant us the above rights;
- Warrant that your Submissions and Contributions are not confidential.
You are fully responsible for your Submissions and Contributions and agree to compensate us for any losses resulting from violations of these terms, third-party rights, or applicable laws. We reserve the right to remove or edit your Content at our discretion. Additionally, we may suspend or disable your account and report you to authorities if deemed necessary.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you provide is true, accurate, current, and complete; (2) You will keep this information accurate and update it as needed; (3) you have the legal capacity to agree to these Legal Terms; (4) you are not a minor in your jurisdiction or, if you are, you have parental permission to use the Services; (5) you will not access the Services through automated means, such as bots or scripts; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use of the Services will comply with all applicable laws and regulations.
If you provide information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services (or any part thereof).
4. USER REGISTRATION
You may need to register to use the Services. You agree to keep your password confidential and will be responsible for all activity under your account and password. We reserve the right to remove, reclaim, or change any username you select if we, at our sole discretion, find it to be inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We aim to present the colors, features, specifications, and other information about the products on the Services as accurately as possible. However, your electronic display may not fully reflect the actual colors and details of the products. We do not guarantee that the features, colors, specifications, and other details will be accurate, complete, reliable, current, or free from errors. We cannot promise the availability of any particular item, and all products are subject to availability. We reserve the right to discontinue any product at any time and for any reason. Prices for products are also subject to change.
6. PURCHASES AND PAYMENT
We accept the following payment methods:
- Visa
- American Express
- PayPal
- Mastercard
You are responsible for providing accurate, complete, and up-to-date information for each transaction conducted through the Services. To ensure the smooth processing of your transactions and correspondence, you agree to promptly update your account and payment information, including your email address, payment method, and card expiration date. We reserve the right to adjust pricing and apply sales tax as necessary. All payments must be made in US dollars.
You agree to cover all applicable charges at the prevailing prices and any shipping fees. By placing an order, you authorize us to charge your selected payment method for these amounts. We also reserve the right to correct any pricing errors, even if payment has already been processed.
We may refuse any order at our discretion and reserve the right to limit or cancel quantities purchased per person, household, or order. This includes orders from the same customer account, payment method, or billing and shipping address. We may also restrict orders that seem to be placed by dealers, resellers, or distributors, based on our judgment.
7. RETURN POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
8. PROHIBITED ACTIVITIES
You may use the Services only for their intended purposes as specified by us and not for any commercial activities unless explicitly authorized. As a user, you agree not to:
- Data Extraction: Systematically extract data or content to create collections, databases, or directories without our written permission.
- Deception: Deceive, defraud, or mislead us or other users to obtain sensitive information like passwords.
- Security Interference: Bypass, disable, or interfere with security features of the Services, including those that restrict content usage or enforce service limitations.
- Reputation Damage: Disparage, damage, or harm our reputation or the Services.
- Harassment: Use information from the Services to harass, abuse, or harm others.
- Support Misuse: Misuse our support services or make false abuse or misconduct reports.
- Legal Violations: Use the Services in violation of applicable laws or regulations.
- Unauthorized Framing/Linking: Engage in unauthorized framing or linking to the Services.
- Harmful Materials: Upload or transmit viruses, Trojan horses, or harmful materials, including excessive capital letters and spamming, that disrupt the Services.
- Automated Systems: Use automated systems like scripts, data mining tools, or robots to interact with the Services.
- Copyright Infringement: Remove copyright or proprietary rights notices from any content.
- Impersonation: Impersonate another user or use someone else’s username.
- Passive Information Collection: Upload or transmit materials that passively collect information, such as gifs, web bugs, or cookies.
- Service Disruption: Interfere with or create undue burden on the Services or connected networks.
- Harassment of Employees: Harass or threaten our employees or agents.
- Access Restriction Bypass: Attempt to bypass access restrictions or preventive measures.
- Software Tampering: Copy, adapt, or reverse-engineer any software related to the Services.
- Unauthorized Automation: Use or distribute unauthorized automated systems or scripts to access the Services.
- Buying Agents: Use buying or purchasing agents for transactions on the Services.
- Email Harvesting: Collect usernames or email addresses for unsolicited emails or create accounts using automated methods or false pretenses.
- Competition: Compete with us or use the Services and content for revenue-generating purposes.
- Unauthorized Advertising: Advertise or offer goods and services for sale on the Services.
- Profile Transfer: Sell or transfer your profile to others.
By following these guidelines, you contribute to maintaining a safe and respectful environment for all users of the Services. Violations of these terms may result in the suspension or termination of your account and access to our Services..
9. USER GENERATED CONTRIBUTIONS
The Services may allow you to participate in activities such as chatting, contributing to blogs, message boards, online forums, and other features, involving a range of content and materials including text, videos, audio, photos, graphics, comments, and personal information (collectively referred to as “Contributions”). Please be aware that these Contributions may be visible to other users and potentially to third-party sites, so they should be treated as non-confidential and non-proprietary.
By creating or sharing Contributions, you represent and warrant that:
- Non-Infringement: Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- Ownership and Permissions: You either own the Contributions or have the necessary licenses, rights, consents, releases, and permissions for us and other users to use them as outlined in the Services and these Legal Terms.
- Consent from Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their name or likeness.
- Accuracy: Your Contributions are accurate and not misleading.
- No Unsolicited Ads: Your Contributions are not unsolicited ads, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.
- Objectionable Content: Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
- Respectful Behavior: Your Contributions do not mock, disparage, intimidate, or abuse anyone.
- Non-Violent: Your Contributions do not harass, threaten, or promote violence against any person or group.
- Legal Compliance: Your Contributions comply with all applicable laws, regulations, and rules.
- Privacy and Publicity: Your Contributions do not infringe on anyone’s privacy or publicity rights.
- No Illegal Content: Your Contributions do not contain illegal content or harm minors.
- No Offensive Comments: Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or disability.
- Adherence to Legal Terms: Your Contributions do not violate these Legal Terms or any applicable laws or regulations.
Not adhering to these guidelines may lead to the suspension or termination of your access to the Services.
10. CONTRIBUTION LICENSE
By posting Contributions on our Services or linking your account to social networks, you grant us a wide, irrevocable, perpetual, and transferable global license. This allows us to use, copy, display, sell, and distribute your Contributions (including your image and voice) for any purpose, including commercial purposes. We may also create derivative works from your Contributions, integrate them into other works, and sublicense these rights. This license covers all current and future media formats and includes the use of your name, company, franchise, and any trademarks or logos you provide. Additionally, you waive any moral rights to your Contributions.
While you maintain full ownership of your Contributions and their associated intellectual property rights, we are not responsible for any statements or representations contained in them. You are solely accountable for your Contributions and agree to hold us harmless from any legal claims arising from them.
We reserve the right to edit, redact, modify, re-categorize, or remove Contributions at our discretion and without prior notice. We are not required to monitor Contributions.
11. GUIDELINES FOR REVIEWS
We may provide sections on the Services for posting reviews or ratings. When submitting a review, please adhere to the following guidelines: (1) ensure you have direct experience with the individual or entity being reviewed; (2) avoid using offensive profanity, abusive, racist, or hateful language; (3) refrain from making discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) do not reference illegal activities; (5) avoid posting negative reviews if you are affiliated with competitors; (6) do not judge the legality of conduct; (7) do not include false or misleading statements; and (8) do not organize campaigns to encourage others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our discretion and are not required to screen or delete reviews, even if they are objectionable or inaccurate. Reviews do not represent our views or those of our affiliates or partners, and we are not liable for any claims, liabilities, or losses related to reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content associated with the review.
12. SOCIAL MEDIA
As part of the Services, you can link your account to third-party service accounts (“Third-Party Accounts”) by either: (1) entering your Third-Party Account login details through the Services, or (2) granting us access to your Third-Party Account according to the terms of use for each Third-Party Account. You confirm that you have the right to share your Third-Party Account login information with us and/or grant us access to your Third-Party Account without violating any terms or incurring additional fees or usage restrictions imposed by the third-party provider.
By linking your Third-Party Accounts, you acknowledge that:
- Access and Display: We may access, display, and store (if applicable) any content from your Third-Party Account (the “Social Network Content”) on the Services, including friend lists.
- Information Exchange: We may exchange additional information with your Third-Party Account as notified when you link the accounts. Depending on your Third-Party Accounts and their privacy settings, personal information from these accounts may be visible on the Services.
Please note that if a Third-Party Account or its service becomes unavailable or access is terminated by the provider, Social Network Content may no longer be accessible on the Services.
You can disconnect your account from Third-Party Accounts at any time. Your relationship with third-party service providers is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it.
Access to Contacts
By linking your mobile device’s contacts list and email address book to a Third-Party Account, you consent to our use of this information to identify and notify you of contacts who also use the Services. You can disable this feature through your account settings or by contacting us directly. We will make efforts to remove any data obtained from the Third-Party Account from our systems, except for your username and profile photo.
13. ADVERTISERS
We provide space for advertisers to display their advertisements and other information in various areas of the Services, such as sidebar or banner ads. We only facilitate the placement of these ads and do not have any other relationship with the advertisers.
14. SERVICES MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, breaches the law or these Legal Terms, including reporting such individuals to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof, at our sole discretion; (4) remove from the Services or disable all files and content that are excessively large or burdensome to our systems, without notice or liability; and (5) manage the Services in a manner designed to protect our rights and property and ensure the proper functioning of the Services.
15. PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. If you access the Services from a region with laws or regulations regarding personal data collection, use, or disclosure that differ from those applicable here, your continued use of the Services constitutes your consent to transfer and process your data in accordance with our Privacy Policy.
16. TERM AND TERMINATION
These Legal Terms remain in effect as long as you use the Services. We reserve the right, at our sole discretion and without notice, to deny access to the Services (including blocking certain IP addresses) to anyone for any reason, including breaches of these Legal Terms or any applicable laws. We may terminate your access or participation in the Services, or delete your account and any posted content, at any time without warning.
If your account is terminated or suspended, you are prohibited from registering or creating a new account under your name, a false name, or the name of any third party, even if acting on their behalf. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time, for any reason, and at our sole discretion, without notice. We are not obligated to update any information on our Services. Additionally, we may modify or discontinue all or part of the Services at any time, without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.
We cannot guarantee that the Services will always be available. Interruptions, delays, or errors may occur due to hardware, software, or other issues, including maintenance. We reserve the right to change, update, suspend, discontinue, or modify the Services at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during periods of downtime or discontinuation. Nothing in these Legal Terms requires us to maintain, support, or provide corrections, updates, or releases for the Services.
18. GOVERNING LAW
These Legal Terms will be governed by and interpreted in accordance with the laws of Paul Nangoh Elangwe LLC. You irrevocably consent to the exclusive jurisdiction of the courts to resolve any disputes that may arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from or related to these Legal Terms, including questions regarding their existence, validity, or termination, shall be resolved through arbitration by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Avenue Louise, 146) according to its Rules. The seat of arbitration shall be in the designated location, and the proceedings will be conducted in the agreed language. The governing law of these Legal Terms will be the substantive law specified.
Restrictions
Arbitration will be limited to disputes between the parties individually. To the fullest extent allowed by law: (a) no arbitration will be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or use class action procedures; and (c) disputes cannot be brought in a representative capacity on behalf of the public or others.
Exceptions to Arbitration
The following disputes are not subject to arbitration: (a) disputes related to intellectual property rights; (b) disputes concerning theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, that part will be decided by a competent court as specified above, and the parties agree to submit to the court’s jurisdiction.
20. CORRECTIONS
The Services may contain typographical errors, inaccuracies, or omissions, including issues related to descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
Disclaimer of Warranties
The Services are provided on an “as-is” and “as-available” basis. You agree to use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the content on the Services, or on any linked websites or mobile applications, and will not be liable for any:
- Errors, mistakes, or inaccuracies in content.
- Personal injury or property damage resulting from your use of the Services.
- Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
- Interruption or disruption of service transmissions to or from the Services.
- Bugs, viruses, Trojan horses, or similar issues transmitted through the Services by third parties.
- Errors or omissions in content or materials, or any loss or damage resulting from the use of content provided through the Services.
We do not warrant or endorse any products or services advertised or offered by third parties through the Services or linked sites, and we are not responsible for any transactions between you and third-party providers. Please exercise caution and use your best judgment when making any purchases or transactions.
22. 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.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from or related to: (1) your Contributions; (2) your use of the Services; (3) any breach of these Legal Terms; (4) any breach of your representations and warranties under these Legal Terms; (5) your violation of third-party rights, including intellectual property rights; or (6) any harmful act towards another user of the Services whom you connected with via the Services.
Notwithstanding the above, we reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, at your expense, and you agree to cooperate with our defense of such claims at your expense. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
24. 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.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Services, send us emails, or complete online forms, you are engaging in electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide via email or through the Services satisfy any legal requirements for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under laws in any jurisdiction that mandate original signatures, non-electronic records, or non-electronic payment methods.
26. SMS TEXT MESSAGING
If you wish to stop receiving SMS messages from us, reply to the text with “STOP”. You may receive a confirmation SMS acknowledging your opt-out request.
**Message and Data Rates**
Be aware that message and data rates may apply to any SMS messages sent or received. These rates are determined by your carrier and depend on your mobile plan.
**Support**
For questions or assistance regarding our SMS communications, please email us at [email protected].
27. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules posted by us on or related to the Services, represent the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms are intended to operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from causes beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part will be deemed severable, and it will not affect the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by virtue of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us because we drafted them. You also waive any defenses related to the electronic form of these Legal Terms and the absence of signatures by the parties.
28. CONTACT US
To address a complaint about the Services or to obtain additional information on their use, please contact us.