Terms & Conditions
Last updated January 21, 2025
AGREEMENT TO OUR LEGAL TERMS
We
are
Rankiteo LTD
(
"Company," "we," "us,"
"our" )
, a company registered in
the United Kingdom
at 85 Great Portland Street
, London
W1W 7LT
.
We
operate the website
https://www.rankiteo.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 (+1)419 798 6349
, email at [email protected]
,
or by mail to 85 Great Portland Street
, London
W1W 7LT
,
United Kingdom
.
These
Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity (
"you" ), and
Rankiteo
LTD , concerning your access to and use of the Services. You agree
that by
accessing the Services, you have read, understood, and agreed to be bound by
all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental
terms and conditions or
documents that may be posted on the Services from time to time are hereby
expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to
make changes or modifications to these Legal Terms
from time to time . We will alert you
about any
changes by updating the "Last updated"
date of these Legal Terms,
and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates.
You will be subject to, and will be deemed to have been made aware of and to
have
accepted, the changes in any revised Legal Terms by your continued use of
the
Services after the date such revised Legal Terms are posted.
We
recommend
that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is
not
intended for distribution to or use by any person or entity in any
jurisdiction or
country where such distribution or use would be contrary to law or
regulation or
which would subject us to any registration requirement within such
jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other
locations do so on their own initiative and are solely responsible for
compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your
interactions would be subjected to such laws, you may not use the Services.
You may
not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of
all intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"
), as well as the trademarks, service marks, and logos contained
therein (the
"Marks"
).
Our
Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and
unfair competition laws) and treaties in
the
United States and around the
world.
The
Content and Marks are provided in
or through the Services "AS IS" for your
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 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:
[email protected] . 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 and possibly
through
third-party websites .
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
" " 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
; -
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.
Copyright infringement
We
respect
the intellectual property rights of others. If you believe that any material
available
on or through the Services infringes upon any copyright you own or control,
please
immediately refer to the "
COPYRIGHT INFRINGEMENTS
"
section below.
By
using the Services, you represent
and warrant that:
(1) 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
; (
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.
We
accept the following forms of
payment:
You
agree to provide current,
complete, and accurate purchase and account information for all purchases
made via
the Services. You further agree to promptly update account and payment
information,
including email address, payment method, and payment card expiration date,
so that
we can complete your transactions and contact you as needed. Sales tax will
be added
to the price of purchases as deemed required by us. We may change prices at
any
time. All payments shall be in
US dollars .
You
agree to pay all charges at the
prices then in effect for your purchases and any applicable shipping fees,
and you
authorize
us to charge your chosen payment provider for any such amounts upon
placing
your order. We reserve the right to correct any errors or mistakes in
pricing, even
if we have already requested or received payment.
We
reserve the right to refuse any
order placed through the Services. We may, in our sole discretion, limit or
cancel
quantities purchased per person, per household, or per order. These
restrictions may
include orders placed by or under the same customer account, the same
payment
method, and/or orders that use the same billing or shipping address. We
reserve the
right to limit or prohibit orders that, in our sole
judgment , appear to be
placed by
dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Free Trial
We offer a 30 -day free
trial to
new users who register with the Services.
The account will be charged according to the user's
chosen
subscription at the end of the free trial.
Cancellation
Fee Changes
7. 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 - 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 (
"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 - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized - 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 -
Sell or otherwise transfer your profile. -
Use the Services to advertise or offer to sell goods and services.
8. 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
, 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.
9. 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.
10. GUIDELINES FOR REVIEWS
We
may
provide you areas on the Services to leave reviews or ratings. When posting
a
review, you must comply with the following criteria: (1) you should have
firsthand
experience with the person/entity being reviewed; (2) your reviews should
not
contain offensive profanity, or abusive, racist, offensive, or hateful
language; (3)
your reviews should not contain discriminatory references based on religion,
race,
gender, national origin, age, marital status, sexual orientation, or
disability; (4)
your reviews should not contain references to illegal activity; (5) you
should not
be affiliated with competitors if posting negative reviews; (6) you should
not make
any conclusions as to the legality of conduct; (7) you may not post any
false or
misleading statements; and (8) you may not
organize a campaign
encouraging others
to post reviews, whether positive or negative.
We
may
accept, reject, or remove reviews in our sole discretion. We have
absolutely no
obligation to screen reviews or to delete reviews, even if anyone
considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and
do not
necessarily represent our opinions or the views of any of our affiliates
or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review,
you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully
paid, assignable, and sublicensable right and
license to
reproduce,
modify, translate, transmit by any means, display, perform, and/or
distribute
all content relating to review.
11. THIRD-PARTY WEBSITES AND CONTENT
The
Services
may contain (or you may be sent via the Site
) links to other websites ( "Third-Party Websites" ) as well as articles, photographs,
text,
graphics, pictures, designs, music, sound, video, information, applications,
software,
and other content or items belonging to or originating from third parties ( "Third-Party Content" ). Such Third-Party Websites and Third-Party Content are not
investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are
not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on,
available
through, or installed from the Services, including the content, accuracy,
offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to,
or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and
access
the Third-Party Websites or to use or
install
any Third-Party Content, you do so at
your
own risk, and you should be aware these Legal Terms no longer govern. You should
review
the applicable terms and policies, including privacy and data gathering
practices, of
any website to which you navigate from the Services or relating to any
applications you
use or install from the Services. Any purchases you make through Third-Party Websites will be through
other
websites and from other companies, and we take no responsibility whatsoever in
relation
to such purchases which are exclusively between you and the applicable third
party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall
hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or
harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
12. 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.
13. PRIVACY POLICY
We care
about
data privacy and security. Please review our Privacy Policy:
https://www.rankiteo.com/privacy-and-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 the United
Kingdom
, United States
and Germany
. If you access the Services from
any
other region of the world with laws or other requirements governing personal
data
collection, use, or disclosure that differ from applicable laws in
the United Kingdom
, United States
and Germany
, then through your continued use
of the
Services, you are transferring your data to
the United Kingdom
, United States
and Germany
, and you expressly consent to
have your
data transferred to and processed in
the United Kingdom
, United States
and Germany
.
14. COPYRIGHT INFRINGEMENTS
We
respect the
intellectual property rights of others. If you believe that any material
available on or
through the Services infringes upon any copyright you own or control, please
immediately
notify us using the contact information provided below (a
"Notification" ). A copy of
your
Notification will be sent to the person who posted or stored the material
addressed in
the Notification. Please be advised that pursuant to applicable law you may be
held
liable for damages if you make material misrepresentations in a Notification.
Thus, if
you are not sure that material located on or linked to by the Services infringes
your
copyright, you should consider first contacting an attorney.
15. 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.
16. 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.
17. GOVERNING LAW
These
Legal
Terms are governed by and interpreted following the laws of the United Kingdom
, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence is in
the EU,
and you are a consumer, you additionally possess the protection provided to you by
obligatory provisions of the law in your country to residence.
Rankiteo LTD and yourself both agree to submit to the non-exclusive
jurisdiction
of the courts of __________ , which means that you may
make a
claim to defend your consumer protection rights in regards to these Legal Terms in
the United Kingdom
, or in the EU country in which you reside.
18. 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 fifteen (15) days before
initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to
the other Party.
Binding Arbitration
Any dispute arising from the
relationships
between the Parties to these Legal Terms shall be determined by one arbitrator who
will be
chosen in accordance with the Arbitration and Internal Rules of the European Court
of
Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg,
and which are in force at the time the application for arbitration is filed, and of
which
adoption of this clause constitutes acceptance. The seat of arbitration shall be
London ,
United Kingdom
. The language of the proceedings shall be English . Applicable rules of substantive law shall be the
law of
the United Kingdom
.
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.
Exceptions to Informal Negotiations and Arbitration
19. 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.
20. 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.
21. 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
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1)
mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
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.
22. 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.
23. 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.
24. 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.
25. CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26. 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.
27. 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: