Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you (“You”) and us. By accessing and using any games, applications, content, activities and services (collectively, the “Services”) which are made available by us, you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms”), whether or not you are a registered member of any of our games. If you do not agree to these Terms, do not use the Service.
You agree that we may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
If you violate the Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we don't need to provide you notice before terminating or suspending your account(s), but we may provide such notice in our sole discretion.
1. License to Use the Services
Subject to your agreement and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Subject to your agreement and compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by us or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the game experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
Upload or post images that contain any type of pornography;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; or
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
Any use of the cheat utilities including but not limited to Smart Bonus Collector, SmartGamesBonusesCollector, fbcollectbonuses and any other bonus collector program will be considered a breach of this agreement and may result in suspension of your in-game activity, suspension or termination of your account or any restriction in our sole and absolute discretion.
2. Code of Conduct
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud us or other users, and that you shall not act in bad faith in your use of the Service. If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, at our sole discretion, terminate your account and prohibit you from using the Service.
Your use of the Services is governed by certain rules (the “Code of Conduct”), which are maintained and enforced by us and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Improperly use support channels or complaint buttons to make false reports to us;
Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
Deal with Coins in a manner that violates these Terms, including transferring Coins to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without our written permission;
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without our written permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to use the Service on or through any service that is not authorized by us. Any such use is at your own risk and may subject you to additional or different terms. We take no responsibility for your use of the Service through any service that is not authorized by it;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or our representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit ? up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
Violation of code to our staffs may lead to suspension or termination of your account.
3. User Account, Age Restrictions, Password, and Security
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.
YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES.
The Service is intended for use by those 21 or older for amusement purposes only.
You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 21, you represent that your legal guardian has reviewed and agrees to the Terms.
You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.
You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by us or another party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
You agree that we collect a series of data regarding your in-game activities, including but not limited to your activity logs, IP addresses, browser info, and so forth.
If you don't want us to do so, please let us know via our support e-mail(email@example.com
) and we will stop collecting the data above.
5. Charges and Billing
In some cases, you can use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information“), to pay for optional Services and/or upgrades. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.
6. Payment Terms
You may purchase unreal currency from Platform (Facebook) that we decide to work with in exchange for real money. This is a transaction between you and Platform and us is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. We are not responsible or liable for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for in-game currencies and goods offered in our games hosted by Platform. If you are under the age of 21, you may use Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
7. Links to Third Party Sites
We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of these linked sites.
8. Content Rights
“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by us or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys.
We retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without our explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
We and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are our sole and exclusive property and may be used by us (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
You are granted a limited revocable license to post your own character or any other Content that we specifically give you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by us. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without our explicit prior written permission. You grant us the right to act as an agent on your behalf as the Service’s operator.
Our representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. We and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system.
We may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
We reserve the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that we may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
9. Communication Channels
The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. We under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. You will be solely responsible for your activities within the Communication Channels and under no circumstances will we be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. We are not responsible for information that you choose to share on the Communication Channels, or for the actions of other.
10. In-Game Currencies/Goods
The Services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, points or powerups, that may be purchased from us for “real world” money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from us or any other party.
Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Services or any particular game.
You agree that your Virtual Goods and Currencies will be forfeited and your account will be permanently suspended in our sole and absolute discretion if you attempt to sell or buy any Virtual Goods or Currency by selling or buying any account connected to us.
The Service may include an opportunity to purchase virtual, in-game currency ("Coins") that may require you to pay a fee using real money to obtain the Coins. Coins can never be redeemed for real money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in the virtual in-game items, spins, VIP Club status or Coins.
Your purchase of Coins is final and is not refundable, transferable or exchangeable, except in our sole discretion.
We retain the right to manage, control, modify and/or eliminate Coins or any other form of virtual currency at its sole discretion. Prices and availability of Coins are subject to change without notice.
When user account is suspended or terminated because of user's violation of Terms of Service, or when the Services are unavailable for any unintended reason, your lifetime and non-lifetime membership (VIP Club status) can be suspended.
11. Reimbursement Policy
“Reimbursement” means a compensation for damage or loss in in-game currencies and goods, including but not limited to Coins, VIP Club Status, gift and daily free spins (“items”).
A. You shall be reimbursed if conditions i) and ii), below, are satisfied.
i) Your request was raised within 30 days after the occurrences of damage or loss.
ii) Claim has been raised from one of the following damages or losses:
a. Damage or loss in items from server instability, server crash, system malfunction, shutdown due to maintenance, or operational mistake.
b. Damage or loss in items from bug, glitch, code or logic error, erroneous policy, or mistaken operation.
c. Damage or loss in items from abnormalities correspondent with activity logs our system
d. You do not receive purchased items due to any errors on Take 5 Free Slots' system.
B. We have no responsibility for damages, losses, or issues, including but not limited to the followings.
i) Damage or loss in items, resulting from unstable settings or circumstances including unstable local internet service or wireless internet, old-version of web browser/flash player, out-dated PC, web browser error, virus, malware, hacking, duplicate logins to a single account by security breach or ID shares, duplicate logins to a single account in a single web browser, natural disaster, and black-out.
ii) Damage or loss, including unpaid compensation (e.g. credit earning) from any possible issues caused by the links to Third Party sites.
12. Refund Policy
Coins may only be held by legal residents of countries where access to and use of the Services are permitted. Coins may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Coins for any reason. When you purchase Coins, they will reside in your account ("Game Account") until discharged through use of the Service. When purchasing Coins or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins and/or other content are final.
When you raise a dispute that requests a refund through Facebook, we will agree to a refund only when following conditions are met:
i) Any dispute must be received within 96 hours from the time of purchase.
ii) Your purchased Coins or other content must not be used.
iii) Actual loss or discrepancy in purchased Coins or other content must be confirmed by us.
Please note that this does not guarantee complete and successful refund transaction.
B. Other Platforms
Refunds can only be issued in accordance to the policy and decision by platform that provides payment service. We assume no liability or responsibility for any refund request.
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service. In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by us, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
In addition to the foregoing, we may selectively remove, revoke or garnishee Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.
You acknowledge that we are not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account. In the event that we terminate your account, you may not participate in any of the Services again without our express permission. We reserve the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please email us via:firstname.lastname@example.org
14. The Services are Available “AS-IS”
The Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.
15. Disclaimer of Warranty
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
16. Limitation of Liability
In no event will we, our directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold us, and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with
(i) Your use of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) Any claim that a user submissions made by you has caused damage to a third party; or
(v) Any User Content you post or share on or through the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by us arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
19. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
20. Injunctive Relief
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
21. Controlling Law and Jurisdiction
These Terms and any action related thereto shall be governed by and construed under the laws of New York State (without regard to conflicts or choice of law principles). The parties agree that the sole and exclusive forum for any claim or dispute arising out of or relating to this Agreement shall be the appropriate courts of New York State. The parties expressly consent to the personal jurisdiction of such courts.
You waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of New York State.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. Other Jurisdictions
The information provided on this application 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.
23. Modification of Terms
We reserve the right to modify the Terms at any time. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
24. Entire Agreement
These Terms are the entire and exclusive agreement between we and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by us. If you have any questions about these Terms, please contact us at our Support Center.
If you do not agree with the terms and conditions of this document, please discontinue using any of our services. If there are any questions regarding these Terms and Conditions you may contact us via the following address:email@example.com