Please review these terms and conditions of use carefully before using our website and services,
including,
without
limitation, the following:
This document states the terms and conditions (“Terms”) upon which fitlink.tech (“we” or “us”) will
provide
service
to you on its website, applications and related services (collectively, the “Service”). As used in this
document,
the terms “you” or “your” refers to you, any entity you represent, your or its representatives,
successors,
assigns
and affiliates, and any of your or their devices.
By visiting, accessing, using, downloading, copying, installing and/or joining (collectively “using”)
the
Service,
you express your understanding and acceptance of these Terms. If you do not agree to be bound by these
Terms,
cease
using the Service and delete any copy of the Service which you may have.
These terms also include certain liability limitations and legal disclaimers that limit our liabilities.
In
other
words, your use of the Service is at your own risk and we do not assume any liability, or make any
warranties of
any
kind, express or implied, with respect to the Service.
-
1. Eligibility and Accounts
-
a. Use of the Service is not permitted where prohibited by law. Without limiting the
foregoing,
you
represent
and
warrant that you are not located in a country that is subject to international or
applicable
embargo, or
a
country
that has been designated by the international or applicable law as a “terrorist
supporting”
country
and
that
you
are
not listed on any applicable list of prohibited or restricted parties.
-
b. You must be at least eighteen (18) years of age to use the Service. If you are under
eighteen
(18)
years
old,
you
are not permitted to use the Service and you must immediately cease using the Service,
regardless of
parental
authorization.
-
c. You shall not use another person or entity’s Account without authorization or access
the
accounts
of
any
other
person on any other systems. You shall be solely responsible for maintaining the
confidentiality
of
and
restricted
access to your Account. You shall be solely responsible for all activities that occur
under your
Account.
You
shall
notify us immediately of any breach of security or unauthorized use of your Account.
Pursuant to
the
terms
herein,
we shall not be liable for any losses resulting from any unauthorized use of your
Account and,
in
addition
to
the
further indemnification herein, you hereby indemnify us and hold us harmless for any
such
unauthorized
use.
You
acknowledge and understand that anyone who gains access to your Account will gain access
to your
all
of
your
data on
your Account, including any private content.
-
d. The consideration for your knowing acceptance of these Terms is that we are providing
you the
Grant
of
Use to
use
the Service pursuant to Section 2 hereof. You acknowledge and agree that this
consideration is
adequate
and
that
you
have received the same upon use of the Service.
-
2. Grant of Use
-
1. We grant you a non-exclusive, non-transferable, and limited right to access,
non-publicly
display, and
use
the
Service, including all content available therein (the “Content”) on your computer or
mobile
device
consistent
with
these Terms and subject to the restrictions (technical and otherwise) of the Service.
You may
only
access
and
use
the Service for your personal and noncommercial use.
-
2. In addition to the terms set forth herein, your use of the Service shall be limited
by the
rules,
features
and
technical restrictions of the Service, which may change from time to time in our sole
discretion.
You shall
not
attempt to use the Service in any manner in which the Service is not intended or
permitted to be
used.
-
3. Intellectual Property
-
a. The Content, excluding User Submissions and Third Party Content (defined below), but
including other
text,
graphical images, photographs, music, video, software, scripts, source code, and
trademarks,
service marks
and
logos
contained therein (collectively “Proprietary Materials”), are owned by and/or licensed
to us.
All
Proprietary
Materials are subject to copyright, trademark, and/or other rights under the laws of
applicable
jurisdictions,
including domestic laws, foreign laws, and international conventions. We reserve all our
rights
over our
Proprietary
Materials.
-
b. Except as otherwise explicitly permitted, you agree not to copy, modify, publish,
transmit,
distribute,
participate in the transfer or sale of, create derivative works of, or in any other way
exploit,
in whole or
in
part, any Proprietary Materials or Third Party Content.
-
4. User Submissions
-
a. You are entirely responsible for any and all materials you download, upload, submit,
transmit,
create,
modify
or
otherwise make available in or via the Service, including any sound files, video files,
or
photographs
that
you
create, modify, transmit or download through the Service (collectively, “User
Submissions”).
User
Submissions
cannot
always be withdrawn. You acknowledge that any disclosure of personal information in User
Submissions
may
make
you
personally identifiable and that we do not guarantee any confidentiality with respect to
User
Submissions.
-
b. You shall be solely responsible for any and all of your own User Submissions and any
and all
consequences
of
downloading, uploading, submitting, modifying, transmitting, creating or otherwise
making
available
the
User
Submissions. For any and all of your User Submissions, you affirm, represent and warrant
that:
-
i. You own or have the necessary licenses, permissions, rights, or consents to
use and
authorize us
to
use
all
trademarks, copyrights, trade secrets or other proprietary rights in and to User
Submissions for any
and
all
uses
contemplated by the Service and these Terms; and
-
ii. You have written consent, release, and/or permission from each and every
identifiable individual
in
the
User
Submission to use the name and/or likeness of each and every such identifiable
individual to enable
use
of
the
User
Submission for any and all uses contemplated by the Services and these Terms.
-
c. You further agree that you shall not download, upload, submit, create, transmit,
modify, or
otherwise
make
available material that:
-
i. Is copyrighted, protected by trade secret or trademark laws, or otherwise
subject to
third
party
proprietary
rights, including privacy and publicity rights, unless you are the owner of such
rights,
have
explicit
permission
from the rightful owner to submit the material and to grant us all of the
license rights
granted
herein,
or
have
other legal and effective basis to the material and to grant us all of the
license
rights
granted
herein;
-
ii. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous,
harmful,
harassing,
abusive,
threatening, invasive of privacy or publicity rights, hateful, racially or
ethnically
offensive,
inflammatory,
or
otherwise inappropriate as decided by us in our sole discretion;
-
iii. Depicts illegal activities, promotes or depicts physical harm or injury
against any
group
or
individual, or
promotes or depicts any act of cruelty to animals;
-
iv. Impersonates any person or entity or otherwise misrepresents you in any way,
including
creating
a
false
identity;
-
v. Would constitute, encourage or provide instructions for a criminal offense, a
violation of
the
rights
of
any
party, or that would otherwise create liability or violate any local, state,
national or
international
law;
or
-
vi. Is unsolicited or unauthorized advertising, promotion, “spam” or any other
form of
solicitation.
-
d. We claim no ownership or control over User Submissions or Third Party Content. You or
a
third-party
licensor,
as
appropriate, retain all copyrights to User Submissions and you are responsible for
protecting
those
rights
as
appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free,
perpetual,
non-cancelable,
sub-licenseable license to reproduce, publicly perform, publicly display, distribute,
adapt,
modify,
publish,
translate, create derivative works of and otherwise exploit User Submissions for any
purpose,
including
without
limitation any purpose contemplated by the Service and these Terms. You also irrevocably
waive
and
cause
to
be
waived against us and any of our users any claims and assertions of moral rights or
attribution
with
respect
to
User
Submissions.
-
e. You represent and warrant that you have all the rights, power and authority necessary
to
grant
the
rights
granted
herein to User Submissions. Specifically, you represent and warrant that you have the
right to
download,
upload,
modify, access, transmit, create or otherwise make available the User Submissions on the
Service,
and
that
downloading or uploading the User Submissions will not infringe upon any other party’s
rights or
your
contractual
obligations to other parties.
-
f. You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access
to
any
User
Submission for any reason, or for no reason at all, with or without notice.
-
1. Without limiting the other indemnification provisions herein, you agree to
defend us
against
any
claim,
demand,
suit or proceeding made or brought against us by a third-party alleging that
your User
Submissions
or
your
use
of
the Service in violation of these Terms infringes or misappropriates the
intellectual
property
rights of
any
third-party or violates applicable law and you shall indemnify us for any and
all
damages
against us
and
for
reasonable attorney’s fees and other costs incurred by us in connection with any
such
claim,
demand,
suit or
proceeding.
-
1. If you make any suggestions to us about improving the Service or adding new
features
to the
Service,
you
are
assigning to us the right to use your suggestions without any compensation to
you
-
5. Content on the Service
-
a. You understand and acknowledge that, when using the Service, you will be exposed to
content
from a
variety of
sources including content made available on or through the Service by other users,
services,
parties and
through
automated or other means (collectively, “Third Party Content”) and that we do not
control and
are not
responsible
for any Third Party Content. You understand and acknowledge that you may be exposed to
content
that is
inaccurate,
offensive, indecent or otherwise objectionable or may cause harm to your computer
systems and,
without
limiting
the
other limitation of liability provisions herein, you agree to waive, and hereby do
waive, any
legal or
equitable
rights or remedies you may have against us with respect thereto.
-
b. We claim no ownership or control over Third Party Content. Third parties retain all
rights to
their
respective
Third Party Content and they are responsible for protecting their rights as appropriate.
-
c. You understand and acknowledge that we assume no responsibility whatsoever for
monitoring the
Service
for
inappropriate content or conduct. If at any time we choose, in our sole discretion, to
monitor
such
content,
we
assume no responsibility for such content, have no obligation to modify or remove any
such
content
(including
User
Submissions and Third Party Content), and assume no responsibility for the conduct of
others
submitting
any
such
content (including User Submissions and Third Party Content).
-
d. Without limiting the provisions below on limitations of liability and disclaimers of
warranties, all
Content
(including User Submissions and Third Party Content) on the Service is provided to you
“AS-IS”
for your
information
and personal use only and you shall not use, copy, reproduce, distribute, transmit,
broadcast,
display,
sell,
license or otherwise exploit for any other purpose whatsoever the Content without the
prior
written
consent
of
the
respective owners/licensors of the Content.
-
e. You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access
to any
Content
for
any reason, or for no reason at all, with or without notice.
-
6. User Conduct
-
a. You represent and warrant that all the information and content provided by you to us
is
accurate and
current
and
that you have all necessary rights, power and authority to
- (i) agree to these Terms
- (ii) provide the User Submissions to us
- (iii) perform the acts required of you under these Terms.
-
b. You hereby expressly authorize us to monitor, record and log any of your activities
on the
Service.
-
c. As a condition of your use of the Service:
-
i. You agree not to use the Service for any unlawful purpose or in any way that
is
prohibited by
these
Terms;
-
ii. You agree to abide by all applicable local, state, national and
international laws
and
regulations;
-
iii. You agree not to use the Service in any way that exposes us to criminal or
civil
liability;
-
iv. You agree that you are solely responsible for all acts and omissions that
occur as a
result
of your
use
of
the
Service;
-
v. You agree that all your User Submissions belong to you and that you have the
right
and
authority to
provide
them
to us and make use of them on or through the Service;
-
vi. You agree not to use any automated means, including robots, crawlers or data
mining
tools,
to
download,
monitor
or use data or Content from the Service;
-
vii. You agree not to take any action that imposes, or may impose, in our sole
discretion, an
unreasonable
or
disproportionately large load on our technology infrastructure or otherwise make
excessive
demands on
it;
-
viii. You agree not to “stalk” or otherwise harass anyone on or through the
Service;
-
ix. You agree not to forge headers or otherwise manipulate identifiers in order
to
disguise the
origin
of
any
information you transmit;
-
x. You agree not to disable, circumvent, or otherwise interfere with security
related
features
of the
Service or
features that prevent or restrict use or copying of any content or which enforce
limitations on
the use
of
the
Service or the content therein;
-
xi. You agree not to post, link to, or otherwise make available on the Service
any
material that
contains
software
viruses or any computer code, file or program designed to interrupt, destroy,
limit or
monitor
the
functionality
of
any computer software or hardware or any telecommunications equipment;
-
xii. You agree not to license, sublicense, sell, resell, transfer, assign,
distribute or
otherwise in
any
way
commercially exploit or make available the Service or any Content to any third
party;
-
xiii. You agree not to “frame” or “mirror” the Service; and
-
xiv. You agree not to reverse engineer any portion of the Service.
-
1. You may only use the Service consistent with these Terms and any and all
agreements
under
which the
Service
is
provided to you (including, for example, any app store agreement). You assume
sole
responsibility for
obtaining
any
additional or related hardware or software required for use of the Service.
-
2. Except as described below, you are not permitted to decompile, disassemble,
reverse
compile,
reverse
assemble,
reverse translate or otherwise reverse engineer the Service, use any similar
means to
discover
the
source
code
of
the Service or to discover any trade secrets or other intellectual property in
the
Service.
-
3. You acknowledge that from time to time the Service may automatically check
for and
install
updates on
your
device. You agree and accept that the Service may make updates without your
confirmation
or
consent. Any
updates
to
the Service will be deemed part of the Service. However, we have no obligation
to
provide you
with any
updates
to
the Service (nor does any third-party).
-
4. We reserve the right to take appropriate action against any user for any
unauthorized
use of
the
Service,
including civil, criminal and injunctive redress and the termination of any
user’s use
of the
Service.
Any
use
of
the Service and our computer systems not authorized by these Terms is a
violation of
these Terms
and
certain
international, foreign, and domestic criminal and civil laws.
-
5. In addition to termination of the grant of use of the Service, any violation
of this
Agreement,
including
the
provisions of this Section 6, shall subject you to liquidated damages of ten
thousand
dollars
($10,000)
for
each
violation. In the event that your violation results in legal action (whether
against you
or
against us
by
any
party)
or physical or emotional harm to any party, you shall be subject to liquidated
damages
of One
Hundred
and
Fifty
Thousand Dollars ($150,000) for each violation. We may, in our discretion,
assign any
such
damage claim
or
portion
thereof to a third party that has been wronged by your conduct. These liquidated
damages
provisions are
not
a
penalty, but instead an attempt by the Parties to reasonably ascertain the
amount of
actual
damage that
could
occur
from such a violation. You acknowledge and agree that the amount of these
liquidated
damages is
a
minimum
and
that
if actual damages are greater you shall be liable for the greater amount.
-
6. If a court of competent jurisdiction finds that these liquidated damages are
unenforceable to
any extent,
then
the liquidated damages shall be lowered only by the extent necessary for them to
be
enforceable.
-
7. Services on the Service
-
a. You acknowledge that the Service is a general-purpose tool. Specifically, but
without
limitation, the
Service
allows you to access media on multiple other platforms and to, among other
things, download
and/or convert
that
media. The Service may only be used in accordance with law. We do not encourage,
condone,
induce, or allow
any
use
of the Service that may be in violation of any law. We explicitly prohibit the
use of the
Service to
download
any
content in violation of copyright laws.
-
b. To the extent that we may store any User Submissions whatsoever, we do not
intend to store
any User
Submissions
for anything longer than a transitory period of time to give users chance to
download their
content.
-
8. Fees
a. You acknowledge that we reserve the right to charge for any or all of our services
and to
change our fees
from
time to time in our sole discretion. If at any time we terminate your rights to use the
Service
because of a
breach
of these Terms, you shall not be entitled to a refund of any portion of your fees. In
all other
respects,
such
fees
shall be governed by additional rules, terms, conditions, or agreements posted on the
Service
and/or imposed
by
any
sales agent or payment processing company, as may be amended from time to time.
-
9. Privacy Policy
-
a. We retain a separate Privacy Policy and your assent to these Terms also
signifies
that you
have read and
understand the Privacy Policy. We reserve the right to amend the Privacy Policy
at any
time by
posting such
amendments to the Service or our website. No other notification may be made to
you about
any
amendments.
Your
continued use of the App following such amendments will be deemed your
acknowledgement
of the
Privacy Policy
and
that you have read and understand it.
-
b. You acknowledge that we may collect and use technical data and related
information,
including
but not
limited
to
technical information about your device, system and application software, and
peripherals, that
is gathered
periodically to facilitate the provision of updates to the Service.
-
c. You understand, acknowledge and agree that we may access, preserve and
disclose your
information if
required
to
do so by law or in a good faith belief that such access, preservation or
disclosure is
reasonably desirable
or
necessary for us.
-
10. Copyright Claims
-
a. We respect the intellectual property rights of others. You may not infringe
the
copyright,
trademark, or
other
proprietary informational rights of any party. We may in our sole discretion
remove any
Content
(or restrict
use
of
the Service with any Content) we have reason to believe violates any of the
intellectual
property rights of
others
and may terminate your use of the Service if you submit any such Content.
-
b. Repeat Infringer Policy. As part of our repeat-infringement policy, any user
for
whose
MATERIAL we
receive
three
good-faith and effective complaints within any contiguous six-month period will
have his
grant
of use of the
Service
terminated.
-
c. Although we are not subject to United States law, we voluntarily comply with
the
Digital
Millennium
Copyright
Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you
believe
that any
of your
copyrighted
material is being infringed on the Service, we have designated an agent to
receive
notifications
of claimed
copyright infringement. Notifications should be e-mailed to
[email protected]
-
d. All notifications not relevant to us or ineffective under the law will
receive no
response or
action
thereupon.
An effective notification of claimed infringement must be a written
communication to our
agent
that includes
substantially the following:
-
i. Identification of the copyrighted work that is believed to be
infringed. Please
describe the
work and,
where
possible, include a copy or the location (e.g., a URL) of an authorized
version of the
work;
-
ii. Identification of the material that is believed to be infringing and
its location
or, for
search
results,
identification of the reference or link to material or activity claimed
to be
infringing. Please
describe
the
material and provide a URL or any other pertinent information that will
allow us to
locate the
material on
the
Service or on the Internet;
-
iii. Information that will allow us to contact you, including your
address, telephone
number
and, if
available,
your
e-mail address;
-
iv. A statement that you have a good faith belief that the use of the
material
complained of is
not
authorized
by
you, your agent or the law;
-
v. A statement that the information in the notification is accurate and
that under
penalty of
perjury that
you
are
the owner or are authorized to act on behalf of the owner of the work
that is allegedly
infringed; and
-
vi. A physical or electronic signature from the copyright holder or an
authorized
representative.
-
e. If your User Submission or a result to your content is removed pursuant to a
notification of
claimed
copyright
infringement, you may provide us with a counter-notification, which must be a
written
communication to our
above
listed agent and satisfactory to us that includes substantially the following:
-
i. Your physical or electronic signature;
-
ii. Identification of the material that has been removed or to which
access has
been
disabled
and the
location
at
which the material appeared before it was removed or access to it was
disabled;
-
iii. A statement under penalty of perjury that you have a good faith
belief that
the
material
was removed or
disabled as a result of mistake or misidentification of the material to
be
removed or
disabled;
-
iv. Your name, address, telephone number, email address and a statement
that you
consent
to the
jurisdiction
of
the
courts in the address you provided and the location in which the
purported
copyright
owner is
located; and
-
v. A statement that you will accept service of process from the
purported
copyright
owner or its
agent.
-
11. Modification of These Terms
-
a. We reserve the right to amend these Terms at any time by posting such
amended
Terms
to the
Service. No
other
notification may be made to you about any amendments. YOU ACKNOWLEDGE
THAT YOUR
CONTINUED USE OF
THE SERVICE
FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH
AMENDMENTS,
REGARDLESS
OF
WHETHER YOU HAVE
ACTUALLY READ THEM.
-
12. Indemnification and Release
-
a. You hereby agree to indemnify us and hold us harmless from any and
all
damages
and
third-party claims and
expenses, including attorney’s fees, arising from your use of the
Service and/or
from
your
breach of these
Terms.
-
b. In the event that you have a dispute with one of more other users or
any
third
parties, you
hereby
release
us,
our officers, employees, agents and successors-in-right from claims,
demands and
damages
(actual
and
consequential)
of every kind or nature, known and unknown, suspected and unsuspected,
disclosed
and
undisclosed, arising
out of
or
in any way related to such disputes and/or the Service.
-
13. Disclaimer of Warranties and Limitations of Liabilities
-
a. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM
EXTENT
PERMITTED UNDER
APPLICABLE
LAW.
-
b. The Service may contain links to third-party websites or other
services which
are
independent
of us. We
assume no
responsibility for the content, privacy policies, or practices of and
make no
representation or
warranty as
to
the
accuracy, completeness or authenticity of information contained in any
third
party
websites or
other
services.
We
have no right or ability to edit the content of any third party websites
or
other
services. You
acknowledge
that
we
shall not be liable for any and all liability arising from your use of
any third
party
websites
or other
services.
-
c. The Service is provided “AS-IS” and without any warranty or
condition,
express,
implied, or
statutory. We
specifically disclaim to the fullest extent any implied warranties of
merchantability,
fitness
for a
particular
purpose, non-infringement, information accuracy, integration,
interoperability
or
quiet
enjoyment. We
disclaim
any
warranties for viruses or other harmful components in connection with
the
Services.
-
d. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL,
SPECIAL,
CONSEQUENTIAL, OR
EXEMPLARY
DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES)
RESULTING
FROM
ANY
ASPECT OF YOUR
USE
OF
THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i)
YOUR USE,
MISUSE
OR
INABILITY TO USE
THE
SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE
INTERRUPTION,
SUSPENSION,
MODIFICATION,
ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE OR (iv) THE
TERMINATION OF
SERVICE
BY US.
THESE
LIMITATIONS
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR
PRODUCTS
RECEIVED OR
ADVERTISED
IN
CONNECTION WITH THE SERVICE.
-
e. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS,
(ii) THE
SERVICE WILL
BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE
OBTAINED
FROM YOUR
USE OF THE
SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES,
INFORMATION,
CONTENT
OR OTHER
MATERIAL
OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, OR (v)
ANY
ERRORS IN
CONTENT WILL
BE
CORRECTED.
-
f. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT
YOUR OWN
DISCRETION AND
RISK. YOU ARE
SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR
LOSS OF
DATA
THAT
RESULTS
FROM SUCH
CONTENT.
-
g. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION
WITH THE
SERVICE
OR ANY
OTHER
GRIEVANCE
SHALL
BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE
FOREGOING,
IN NO
CASE SHALL
THE MAXIMUM
LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE
EXCEED $100.
-
h. All of the above disclaimers of warranties and limitations of
liabilities
shall
be
deemed to
apply to our
parent
companies, subsidiaries, directors, officers, employees, agents,
designees,
contractors,
affiliates,
subsidiaries,
successors and assigns as well.
-
14. Disputes
-
a. To the maximum extent permitted by law, these Terms as well as any
claim,
cause
of
action, or
dispute
that
may
arise between you and us, are governed by the laws of Russian Federation
without
regard
to
conflict of law
provisions. FOR ANY CLAIM BETWEEN US, YOU AGREE TO SUBMIT AND CONSENT TO
THE
PERSONAL
AND
EXCLUSIVE
JURISDICTION
IN,
AND THE EXCLUSIVE VENUE OF THE COURTS IN the Russian Federation.
However, in the
event
that we
are seeking
indemnification from you hereunder, we may file suit for indemnification
(and
any
other
claims)
in the same
court in
which the claim against us for which we are seeking indemnification is
brought.
You
hereby waive
any right
to
seek
another venue because of improper or inconvenient forum.
-
b. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY
AND NOT
AS A
PLAINTIFF
OR CLASS
MEMBER
IN
ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
-
c. You hereby agree that as part of the consideration for these terms,
you are
hereby
waiving
any right you
may
have
to a trial by jury for any dispute between the us arising from or
relating to
these
terms or the
Service.
This
provision shall be enforceable even in the case that any arbitration
provisions
or
any
other
provisions of
this
section are waived.
-
15. General Terms
-
(a) These Terms, as amended from time to time, constitute the entire
agreement
between
you and
us and
supersede
all
prior agreements between you and us and may not be modified without our
written
consent.
-
(b) Our failure to enforce any provision of these Terms will not be
construed as
a
waiver of any
provision
or
right.
-
(c) If any part of these Terms is determined to be invalid or
unenforceable
pursuant
to
applicable law, then
the
invalid and unenforceable provision will be deemed superseded by a
valid,
enforceable
provision
that most
closely
matches the intent of the original provision and the remainder of the
agreement
shall
continue
in effect.
-
(d) Nothing herein is intended, nor will be deemed, to confer rights or
remedies
upon
any third
party.
-
(e) These Terms are not assignable, transferable or sub-licensable by
you
except
with
our prior
written
consent,
but
may be assigned or transferred by us without restriction.
-
(f) You agree that we may provide you with notices by e-mail, regular
mail,
or
postings
to the
Service.
-
(g) The section titles in these Terms are for convenience only and have
no
legal
or
contractual
effect.
-
(h) As used in these Terms, the term “including” is illustrative and not
limitative.
-
(i) If this agreement is translated and executed in any language other
than
English
and
there is
any
conflict as
between the translation and the English version, the English version
shall
control.
