Terms Of Service

AGREEMENT TO OUR LEGAL TERMS

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. ADVERTISERS

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. SMS TEXT MESSAGING

27. MISCELLANEOUS

28. CONTACT US

1. OUR SERVICES

The information provided through our Services is not intended for distribution or use in jurisdictions where such activities would violate local laws or regulations, or where registration is necessary. Therefore, individuals accessing the Services from other locations do so at their own risk and are responsible for adhering to any applicable local laws.

2. INTELLECTUAL PROPERTY RIGHTS

We hold licenses for all intellectual property rights related to our Services, including source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics (collectively referred to as “Content”), as well as trademarks, service marks, and logos (collectively referred to as “Marks”). This Content and these Marks are protected by copyright, trademark laws, and other intellectual property and unfair competition laws, both domestically and internationally. They are provided through our Services “AS IS” solely for your personal, non-commercial use or internal business purposes.

Your Use of Our Services

Provided you adhere to these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, and revocable license to:

• Access the Services
• Download or print copies of any content you’ve been authorized to access

This license is provided solely for personal, non-commercial use or internal business purposes. Unless explicitly permitted, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for commercial purposes without our prior written consent. If we do grant permission for any such use, you must credit us as the owners or licensors and retain all copyright or proprietary notices.

We reserve all rights not expressly granted to you regarding the Services, Content, and Marks. Any infringement of these intellectual property rights will be deemed a serious violation of our Legal Terms and will result in the immediate termination of your right to use our Services.

Your Submissions and Contributions

Please review this section along with the “PROHIBITED ACTIVITIES” section carefully to understand (a) the rights you grant us and (b) your obligations when posting or uploading content through our Services.

Submissions:

By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively referred to as “Submissions”), you agree to transfer all intellectual property rights in these Submissions to us. We will own these Submissions and may use them for any lawful purpose, including commercial uses, without any obligation to acknowledge or compensate you.

Contributions:

By posting Contributions on our Services, you grant us an extensive, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, publish, broadcast, and otherwise exploit your Contributions (including your image, name, and voice) for any purpose, including commercial and advertising. This license also extends to your name, company name, trademarks, and personal images. Contributions may include text, videos, audio, photos, music, graphics, comments, reviews, and personal information. Any submissions made publicly are also regarded as Contributions.

Your Responsibilities:

You are responsible for the content you post or upload. By submitting or posting Contributions, you:

• Confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post content that is illegal, hateful, defamatory, obscene, discriminatory, or otherwise inappropriate.
• Waive any moral rights to such Submissions or Contributions where permitted by law;
• Warrant that your Submissions and Contributions are original or that you have the necessary rights and licenses to grant us the above rights;
• Warrant that your Submissions and Contributions are not confidential.

You are solely responsible for your Submissions and Contributions and agree to compensate us for any losses resulting from breaches of these terms, third-party rights, or applicable laws.

We may remove or edit your Content at our discretion and may suspend or disable your account and report you to authorities if necessary.

3. USER REPRESENTATIONS

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, or if a minor, you have received parental permission to use the Services; (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 information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services (or any part thereof).

4. USER REGISTRATION

To use the Services, you may need to register. You agree to keep your password confidential and are responsible for all activity under your account and password. We reserve the right to remove, reclaim, or alter any username you choose if we, in our sole discretion, find it to be inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We strive to accurately display the colors, features, specifications, and details of products on our Services. However, we cannot guarantee that these descriptions will be accurate, complete, reliable, up-to-date, or free of errors. The colors and details of products may not be perfectly represented on your electronic display. All products are subject to availability, and we cannot guarantee that any item will remain in stock. We reserve the right to discontinue any product at any time and for any reason. Prices are also subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

• Visa
• American Express
• PayPal
• Mastercard

You agree to provide accurate, complete, and current information for all transactions conducted through the Services. You also agree to promptly update your account and payment details, including your email address, payment method, and card expiration date, to ensure smooth transaction processing and effective communication from us. Sales tax will be applied as required, and we may adjust prices at any time. All payments must be made in US dollars.

You agree to pay all applicable charges at the current prices, including any shipping fees. By placing an order, you authorize us to charge your selected payment method for these amounts. We reserve the right to correct any pricing errors, even after payment has been processed.

We reserve the right to refuse any order placed through the Services at our discretion and may limit or cancel quantities purchased per person, household, or order. This applies to orders from the same customer account, payment method, or billing and shipping address. Additionally, we may restrict orders that seem to be made by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may only use the Services for their intended purpose as provided by us and not for any commercial activities unless explicitly authorized. As a user, you agree not to:

1. Data Extraction: Systematically extract data or content to create collections, databases, or directories without our written permission.
2. Deception: Deceive, defraud, or mislead us or other users to obtain sensitive information like passwords.
3. Security Interference: Bypass, disable, or interfere with security features of the Services, including those that restrict content usage or enforce service limitations.
4. Reputation Damage: Disparage, damage, or harm our reputation or the Services.
5. Harassment: Use information from the Services to harass, abuse, or harm others.
6. Support Misuse: Misuse our support services or make false abuse or misconduct reports.
7. Legal Violations: Use the Services in violation of applicable laws or regulations.
8. Unauthorized Framing/Linking: Engage in unauthorized framing or linking to the Services.
9. Harmful Materials: Upload or transmit viruses, Trojan horses, or harmful materials, including excessive capital letters and spamming, that disrupt the Services.
10. Automated Systems: Use automated systems like scripts, data mining tools, or robots to interact with the Services.
11. Copyright Infringement: Remove copyright or proprietary rights notices from any content.
12. Impersonation: Impersonate another user or use someone else’s username.
13. Passive Information Collection: Upload or transmit materials that passively collect information, such as gifs, web bugs, or cookies.
14. Service Disruption: Interfere with or create undue burden on the Services or connected networks.
15. Harassment of Employees: Harass or threaten our employees or agents.
16. Access Restriction Bypass: Attempt to bypass access restrictions or preventive measures.
17. Software Tampering: Copy, adapt, or reverse-engineer any software related to the Services.
18. Unauthorized Automation: Use or distribute unauthorized automated systems or scripts to access the Services.
19. Buying Agents: Use buying or purchasing agents for transactions on the Services.
20. Email Harvesting: Collect usernames or email addresses for unsolicited emails or create accounts using automated methods or false pretenses.
21. Competition: Compete with us or use the Services and content for revenue-generating purposes.
22. Unauthorized Advertising: Advertise or offer goods and services for sale on the Services.
23. Profile Transfer: Sell or transfer your profile to others.

By adhering to these guidelines, you help maintain a safe and respectful environment for all users of the Services. Violations of these terms may result in the suspension or termination of your account and access to our Services.

9. USER GENERATED CONTRIBUTIONS

The Services may allow you to participate in activities such as chatting, contributing to blogs, message boards, online forums, and other features, involving various types of content and materials like text, videos, audio, photos, graphics, comments, and personal information (collectively referred to as “Contributions”). These Contributions may be visible to other users and potentially to third-party sites, so they should be regarded as non-confidential and non-proprietary.

By creating or sharing Contributions, you represent and warrant that:

1. Non-Infringement: Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. Ownership and Permissions: You either own the Contributions or have the necessary licenses, rights, consents, releases, and permissions for us and other users to use them as outlined in the Services and these Legal Terms.
3. Consent from Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their name or likeness.
4. Accuracy: Your Contributions are accurate and not misleading.
5. No Unsolicited Ads: Your Contributions are not unsolicited ads, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.
6. Objectionable Content: Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
7. Respectful Behavior: Your Contributions do not mock, disparage, intimidate, or abuse anyone.
8. Non-Violent: Your Contributions do not harass, threaten, or promote violence against any person or group.
9. Legal Compliance: Your Contributions comply with all applicable laws, regulations, and rules.
10. Privacy and Publicity: Your Contributions do not infringe on anyone’s privacy or publicity rights.
11. No Illegal Content: Your Contributions do not contain illegal content or harm minors.
12. No Offensive Comments: Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or disability.
13. Adherence to Legal Terms: Your Contributions do not violate these Legal Terms or any applicable laws or regulations.

Failure to comply with these guidelines may result in the termination or suspension of your access to the Services.

10. CONTRIBUTION LICENSE

By posting Contributions to any part of the Services or linking your account to social media accounts, you automatically grant us, and confirm that you have the right to grant us, a broad, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license. This license allows us to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, including commercial and advertising. We may also create derivative works from or incorporate your Contributions into other works and grant sublicenses for these uses. This license applies to all current and future media formats and technologies and includes our use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and images you provide. You waive any moral rights in your Contributions and acknowledge that no such rights have been asserted.

You retain full ownership of your Contributions and their intellectual property rights. However, we are not responsible for any statements or representations made within them. You are solely responsible for your Contributions and agree to indemnify us against any legal claims related to them.

We reserve the right, at our sole discretion, to edit, redact, modify, re-categorize, pre-screen, or delete Contributions at any time and for any reason, without prior notice. We are not obligated to monitor Contributions.

11. GUIDELINES FOR REVIEWS

We may offer sections on the Services for posting reviews or ratings. When posting a review, please follow these guidelines: (1) ensure you have firsthand experience with the individual or entity being reviewed; (2) avoid using offensive language, including profanity, and refrain from abusive, racist, or hateful comments; (3) do not make discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) avoid referencing illegal activities; (5) do not post negative reviews if you have ties to competitors; (6) refrain from making judgments about the legality of conduct; (7) avoid including false or misleading information; and (8) do not organize campaigns to encourage others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion and are not obligated to screen or delete reviews, even if they are objectionable or inaccurate. Reviews do not reflect our views or those of our affiliates or partners, and we are not liable for any claims, liabilities, or losses related to reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, modify, reproduce, translate, transmit, display, and distribute all content related to the review.

12. SOCIAL MEDIA

As part of the Services, you may link your account to third-party service accounts (“Third-Party Accounts”) by either: (1) entering your Third-Party Account login details through the Services, or (2) granting us access to your Third-Party Account as allowed by the terms governing each Third-Party Account. You confirm that you have the right to share your Third-Party Account login information with us and/or grant us access to your Third-Party Account without breaching any terms or incurring additional fees or restrictions imposed by the third-party provider.

By linking your Third-Party Accounts, you acknowledge that:

1. Access and Display: We may access, display, and store (if applicable) any content from your Third-Party Account (the “Social Network Content”) on the Services, including friend lists.
2. Information Exchange: We may exchange additional information with your Third-Party Account as notified when you link the accounts. Depending on your Third-Party Accounts and their privacy settings, personal information from these accounts may be visible on the Services.

Please be aware that if a Third-Party Account or its service becomes unavailable or access is terminated by the provider, Social Network Content may no longer be accessible through the Services.

You can disconnect your account from Third-Party Accounts at any time. Your relationship with third-party service providers is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it.

Access to Contacts

You agree that we may access the email address book associated with your Third-Party Account and your mobile device’s contacts list to identify and notify you of contacts who also use the Services. You can deactivate this connection by contacting us directly or through your account settings. We will make efforts to delete any information obtained from the Third-Party Account from our servers, except for the username and profile picture associated with your account.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14. 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.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy.By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws, then through your continued use of the Services, you are transferring your data, and you expressly consent to have your data transferred to and processed

16. TERM AND TERMINATION

These Legal Terms remain effective as long as you use the Services. We reserve the right, at our sole discretion and without notice or liability, to deny access to or use of the Services (including blocking IP addresses) to any individual for any reason or no reason, including breaches of these Legal Terms or applicable laws. We may terminate your use or participation in the Services or delete your account and any posted content at any time, without warning.

If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a false name, or on behalf of any third party. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to alter, modify, or remove any content from the Services at our sole discretion and without prior notice. We are not obligated to update any information on our Services. Additionally, we may change or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.

We cannot guarantee uninterrupted availability of the Services. Interruptions, delays, or errors may occur due to hardware, software, or other issues, as well as necessary maintenance. We reserve the right to modify, suspend, discontinue, or otherwise change the Services at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any downtime or discontinuation. These Legal Terms do not require us to maintain, support, or provide any corrections, updates, or releases for the Services.

18. GOVERNING LAW

These Legal Terms will be governed by and construed in accordance with the laws of Ari Zambon Aranda Collier LLC. You irrevocably consent to the exclusive jurisdiction of the courts to resolve any disputes arising in connection with these Legal Terms.

19. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from or related to these Legal Terms, including issues regarding their existence, validity, or termination, will be resolved through arbitration administered by the International Commercial Arbitration Court of the European Arbitration Chamber (located at Avenue Louise 146, Brussels), following its Rules. The arbitration will be held at this location, and proceedings will be conducted in the agreed-upon language. The governing law for these Legal Terms will be as specified.

Restrictions

Arbitration will be confined to disputes between the parties on an individual basis. To the fullest extent permitted by law: (a) no arbitration may be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or through class action procedures; and (c) disputes cannot be pursued in a representative capacity on behalf of the public or others.

Exceptions to Arbitration

The following disputes are exempt from arbitration: (a) disputes involving intellectual property rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims seeking injunctive relief. If any part of this provision is deemed illegal or unenforceable, it will be addressed by a competent court as specified above, and the parties agree to submit to the court’s jurisdiction.

20. CORRECTIONS

The Services may include typographical errors, inaccuracies, or omissions, particularly concerning descriptions, pricing, availability, and other information. We reserve the right to correct these errors, inaccuracies, or omissions and to update or modify the information on the Services at any time without prior notice.

21. DISCLAIMER

Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis. You agree to use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the content on the Services or any linked websites or mobile applications and will not be liable for any:

1. Errors, mistakes, or inaccuracies in content.
2. Personal injury or property damage resulting from your use of the Services.
3. Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
4. Interruption or disruption of service transmissions to or from the Services.
5. Bugs, viruses, Trojan horses, or similar issues transmitted through the Services by third parties.
6. Errors or omissions in content or materials, or any loss or damage resulting from the use of content provided through the Services.

We do not guarantee or support any products or services advertised or provided by third parties through our Services or linked sites. We are not liable for any transactions between you and third-party providers. Please exercise caution and use your best judgment when making any purchases or transactions.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us 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.

24. USER DATA

We will retain data you transmit to the Services to manage their performance, along with data related to your use. While we perform regular backups, you are solely responsible for any data you transmit or that relates to your activities on the Services. We are not liable for any loss or corruption of this data, and you waive any right to claim against us for such loss or corruption.

25. 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.

26. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP”. You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at [email protected]

27. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on or related to the Services, constitute the entire agreement between you and us. Failure to enforce any provision of these Legal Terms does not waive our right to enforce it in the future. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act due to circumstances beyond our control. If any provision is found to be unlawful, void, or unenforceable, it will be severed, and the remaining provisions will continue to apply. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms. These Terms will not be interpreted against us because we drafted them. You waive any defenses related to the electronic form and lack of signatures.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us