Membership Subscription Terms of Service Agreement
TABLE OF CONTENTS
- 1. BASIC TERMS
- 2. ACCOUNT REGISTRATION
- 3. CONTENT ON THE SERVICES
- 4. RESTRICTIONS ON CONTENT
- 5. ENGAGEMENT WITH ADVERTISERS
- 6. ENHANCING TRANSPARENCY IN ONLINE INTERACTIONS
- 7. MEMBERSHIPS
- 8. PAYMENT CONDITIONS
- 9. LIABILITIES
- 10. INTELLECTUAL PROPERTY RIGHTS
- 11. TERMINATION
- 12. NOTICES
- 13. GOVERNING LAW AND DISPUTE
- 14. ENTIRE AGREEMENT
Welcome to PASSIONDESIRE.COM. This website is presented to you by Service Development Limited incorporated in Cyprus, 6 Elpidas, Lakatamia, 2304, Nicosia, Cyprus, HE388624, (referred to as "we," "us," or "our").
Please note that certain features of our services may be subject to additional terms, which will be provided to you directly or made available on our Services. These additional terms are considered part of these Terms and must be observed.
If you disagree with these Terms, regardless of whether you have indicated your refusal by clicking on a button, you are prohibited from signing up, accessing, or using the Services. Moreover, you must abstain from uploading, posting, or submitting any user-generated content through the Services. Engaging in any such activities under these circumstances is strictly prohibited and unauthorized in accordance with these Terms.
1.1. You bear full responsibility for your utilization of the Services, as well as for any content you contribute to the Services and the resulting outcomes. The content you submit, post, or showcase on the Services will be accessible for viewing by other users of the Services. Therefore, it is crucial to ensure that you only provide appropriate content in accordance with these Terms.
1.2. To access and utilize the services, you must be a minimum of 18 years old or meet the age requirement specified by the jurisdiction from which you are accessing this website. We do not intentionally promote or sell services to children. You may only proceed with accessing this website if you possess the legal capacity to enter into a binding contract with us and are capable of adhering to and complying with these Terms.
1.3. Furthermore, your use of the services must align with these Terms and all relevant local, state, national, and international laws, rules, and regulations.
1.4. If you are using the Services on behalf of a third party, you confirm and warrant that you have the necessary authorization to act on their behalf. Moreover, you acknowledge and affirm that the said third party has acknowledged and accepted these Terms.
1.5. Please note that if we have previously prohibited your access to the Services, you are strictly prohibited from accessing or using the Services under any circumstances.
1.6. We continuously strive to improve and enhance the services we offer. As a result, the form and characteristics of these services may undergo changes without prior notice to you. Additionally, we retain the right to cease providing the services, either permanently or temporarily, to you or to users in general. In such cases, we may be unable to provide you with advance notice.
1.7. We will not be liable if for any reason the services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the services at any time.
2.1. To register, you must provide your email address, password, and birthdate. Additionally, you have the option to add a profile picture, bio, and user preferences.
2.3. You are solely responsible for maintaining the confidentiality of your registration and other personal details, including your username and password, for your account.
2.4. If you become aware of any actual or suspected unauthorized access to your account by a third party, it is your responsibility to promptly notify us. You are also expected to cooperate with and assist us in any actions or proceedings we undertake to prevent or address any unauthorized access, use, or receipt of your account by a third party.
2.5. You warrant that all registration information and personal details provided to us are true and accurate.
3.1. These Terms define "Content" as any material, including images, videos, texts, comments, messages, reviews, and audio, that users post through the Services, whether publicly or privately.
3.2. We want to make it clear that we are a passive conduit for this Content, meaning we do not actively monitor or review it. The responsibility for all Content, whether shared publicly or privately, lies with the individual who created it. While we do not have an obligation to prevent or identify intellectual property infringement or monitor the Content for compliance with laws, regulations, or your rights, we encourage you to promptly notify us of any intellectual property infringement you come across.
3.3. Please note that we cannot guarantee that all Content will align with your preferences. By using the Services, you acknowledge that you may come across potentially offensive, indecent, or objectionable Content. It's important to understand that Content created by other users may contain errors or omissions. We are not obligated to screen or review Content for offensive material, libel, falsehoods, defamatory statements, errors, or omissions. Consequently, we cannot be held liable for any Content, including falsehoods, defamations, errors, or omissions, or for any losses, harms, or damages resulting from the use or publication of Content made available through the Services.
3.4. By agreeing to these Terms, you agree to indemnify and hold us harmless from any damages, losses, or liabilities arising from or related to the Content mentioned above. Additionally, we appreciate your commitment to promptly notifying us of any intellectual property rights infringement you become aware of.
3.5. While using the Services, you acknowledge and agree to grant us a royalty-free, global, perpetual, irrevocable, non-exclusive, and sublicensable right to use and process your Content in accordance with applicable data privacy laws. This enables us to engage in various corporate activities, which may include but are not limited to (a) Publicly displaying, publishing, distributing, and promoting your Content on the Services; (b) Creating derivative works, conducting tests, and improving our technologies and processes using your Content; (c) Securing, hosting, analyzing, and generating reports based on your Content.
3.5.1. These activities allow us to enhance and optimize the Services, provide you with a better user experience, and ensure the proper functioning of our platform. We will always handle your Content in compliance with relevant data privacy laws.
3.6. Please be aware that the provided list is not exhaustive, and we may utilize your Content for other purposes in line with applicable data privacy laws. We value your rights and the confidentiality of your Content. If you have any concerns regarding how we handle your Content, please inform us.
3.7. You understand and agree that, in accordance with applicable laws and these Terms, we may need to preserve and disclose your Content for the following purposes (a) Enforcing these Terms; (b) Safeguarding our rights, property, or the personal safety of our affiliates and the general public; (c) Complying with legal proceedings; (d) Addressing claims asserting that any Content infringes upon the rights of third parties.
3.8. It's important to note that the technical processing and transmission of the Services, including your Content, may involve transferring data over various networks and making adjustments to meet the technical requirements of connecting networks or devices.
3.9. By posting any Content through the Services, you warrant and represent that you either own the Content or have obtained all the necessary rights and permissions to do so. You agree to indemnify, defend, and hold us harmless from any claims that may arise as a result of your Content. In the event of any such claim, we reserve the right, at our own expense, to assume the defence and control of the dispute. You agree to cooperate with us in asserting any available defences.
3.10. This provision ensures that you take responsibility for the Content you post and that you have the appropriate rights to share it. It also allows us to protect ourselves in the event of any claims or disputes related to your Content. Rest assured that we will work together with you to address any such issues.
3.11. By utilizing the Services, you affirm and guarantee that you bear sole responsibility for the following (a) Any Prohibited Content; (b) Adherence to these Terms; (c) Acquiring all necessary consents, permissions, licenses, and waivers from copyright owners, artists, actors, directors, performers, writers, producers, or any other individuals involved with the Content; (d) Acquiring any required synchronization and master use licenses from the owners of musical compositions and sound recordings contained within the Content, if applicable; (e) Fulfilling any payment obligations to labour unions and guilds relating to the posting and promotion of the Content, as required by applicable law, collective bargaining agreements, or otherwise; (f) Acquiring public performance licenses from organizations responsible for public performance rights, if applicable; (g) Compliance with all applicable laws, rules, and regulations.
This ensures that you assume full responsibility for the various aspects involved in posting Content through the Services, including legal compliance, rights ownership, and necessary permissions. It is important to adhere to these obligations to ensure lawful and responsible use of the Services.
3.12. You are prohibited from using any Content accessed through the services unless you have obtained prior written consent from the owner of that Content. The owner retains all rights to the Content unless explicitly granted otherwise in these Terms. Please note that we are not responsible for the selection, acquisition, distribution, or licensing of any Content. It is your sole responsibility to obtain any necessary licenses or permissions required to use the Content. Additionally, it is your responsibility to back up and protect copies of the Content. We do not have an obligation to provide backup or archival copies of any Content posted on or through the Services. This ensures that you understand and acknowledge the importance of obtaining proper consent and permissions for using Content accessed through the Services. You are also reminded of your responsibility to back up and protect your own copies of the Content.
3.13. Your access to others' Content is subject to the terms and rights you have obtained to receive that Content. We maintain the right to modify, suspend, or discontinue any portion of the Services, with or without prior notice, at any time and for any reason. We shall not be held liable to you or any third party for any modifications, suspensions, or discontinuations of the Services. Additionally, we may impose limitations on specific features and services, or restrict your access to certain parts or the entirety of the Services, without notice or liability.
3.14. These Terms represent the entire agreement between you and us regarding your use of the Services, superseding any prior written or oral agreements or understandings. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the remaining provisions will still be enforced.
You agree that any claim or cause of action arising from the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred, regardless of any contrary statute or law.
You are not permitted to assign or transfer these Terms without our prior written consent. Any attempted assignment or transfer without such consent will be null and void. We, on the other hand, are free to assign or transfer these Terms without any restrictions.
4.1. Our sole discretion grants us the right to remove any Content, restrict access to the Services, and terminate the account of any user who violates this section.
4.2. It is strictly forbidden to use the Services for posting, uploading, downloading, emailing, transmitting, transferring, distributing, displaying, or linking to any Content that falls under the category of "Prohibited Content." This includes, but is not limited to, the following (a) E-Cigarettes, vape pens, and cartridge refills; (b) Extreme hardcore video content ads and offers (c) Child pornography, incest, bestiality, rape, non-consensual mutilation, etc. (d) Nutra products (unless campaign banners and links are pre-approved by us, and no smart links are used); (e) Government-issued licenses and/or e-books on how to obtain such licenses; (f) Cannabidiol; (g) Black boxes; (h) Digital game accounts, gaming keys, in-game currency, and/or progression; (i) Celebrity video content ads and offers; (j)Teen video content ads and offers featuring individuals who appear younger than eighteen (18) years of age; (k)Dating ads that are not found in More Girls, Pops, Full page, Redirect zones, and e-mail; (l) Explicit nudity adverts, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative; (m) Counterfeit goods; (n) Sexy games that use non-consensual ads; (o) Gambling (unless you have an official license in the country you are advertising for, links and countries are pre-approved by us, and no smart links are used). (p) Violent sexy games; (q) May be construed as vulgar, obscene, violent, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse, or threaten any, person; (r) Uses or exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (s) Advocates or promotes illegal activity discusses any illegal activity, irrespective of intent, or provides instructions for illegal activity (in any case, as determined by Us, at Our absolute discretion); (t) May imply moral and ethical reprehensible discrimination, as well as it may degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability, etc.; (u) Is deemed unlawful, harmful, tortious, defamatory, libellous, or invasive to or of other’s privacy or publicity rights; (v) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature, including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lockout,” “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of, or impair the functionality of, the Services; (x) Contains advertising, offers for sale, or sells any item, whether prohibited or not from advertising or selling by any applicable local, state, national, or international law, especially firearms, explosives, or weapons, alcoholic beverages, tobacco products for human consumption, including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that is otherwise pornographic in nature, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other user or otherwise third parties, any items that You do not have the legal right to sell, and any items that, on doing so through the Services, would cause us to violate any law; (z) Obstacles or otherwise prohibits communication or disrupt user discussion; (aa) May be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), whether directly or indirectly; (bb) Falsely states or otherwise misrepresents Your affiliation with a person or entity, or facilitates or enables You to impersonate any person or entity in a manner that does not constitute parody; (cc)Infringes, or otherwise may contribute to inducing or facilitating the infringement of, third- parties intellectual property rights. (dd) Contains any trade secrets or other confidential or proprietary information, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, including, but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements; (ee) Violates, or otherwise facilitates the violation of, these Terms or any guidelines or Policies posted by us; (ff) Could disable, overburden, or impair the normal functioning of the Services.; (gg) Interferes with the use and enjoyment of the Services by any other person; (hh) Violates the law or encourages conduct that would constitute a criminal offence or give rise to civil liability. (ii)in any way related to any raffle, sweepstakes, contest, or game requiring a fee by participants; (jj)Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), non-consensual mutilation of body parts, which is related to children, etc...
4.3. You acknowledge that we may, in our sole discretion, investigate and take appropriate legal action against anyone who violates this section, including, without limitation, removing the offending Content from the Services, blocking access to the Services, and terminating the account of the offending user.
4.4. Please be aware that the list provided above is not exhaustive, and any content related to the mentioned products or businesses is strictly prohibited unless explicitly allowed in these Terms. Failure to comply with these guidelines may lead to the suspension or termination of your access to the services.
4.5. We strictly prohibit the use of the services for any activities that violate applicable laws or regulations, whether intentionally or unintentionally. This includes engaging in any illegal activities or using the Services for purposes that are not expressly permitted under these Terms. Here are some examples of Prohibited Activities (a) Use third-party’s intellectual property, as long as You do not hold any legal title or right for doing so; (b) Partake in any activities that constitute or aid in software piracy, including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content; (c) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third parties; (d) Attempt to or otherwise gain unauthorized access to others’ accounts; (e) Store or collect personally identifiable information about other users or otherwise third parties for unwarranted or unlawful purposes; (f) Commercially use the Services, including, without limitation, for benchmarking or to compile information for a product or service; (g) Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with Our prior written consent; (h) Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the user-available portions of the Services through a browser or accessing the Services through any approved API; (i) Violate the restrictions in any robot exclusion protocol of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services; (j) Modify, Alter, destroy or otherwise remove any copyright, trademark or other proprietary notices, images or logos displayed, provided on or embedded within the Services; (k) Interfere with or disrupt, or attempt to interfere with or disrupt, the Services or Our servers and networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (l) Through misrepresentation or otherwise, solicit personal or sensitive information from other users, including, without limitation, address, credit card or financial account information, or passwords; (m)Impersonate any person or entity, including, but not limited to, the Company, its officials or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or make false or misleading indications of origin or fact, employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Services; (n) Frame, inline link, or similarly display the Services or any portion of the Services; (o) Restrict, inhibit, or otherwise interfere with, the use and enjoyment of the Services by any other person; (p) Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), non-consensual mutilation of body parts which is related to children, etc...
These examples serve as a guide, and any other activities that violate applicable laws or regulations are also strictly prohibited.
5.1. This section pertains to the encounters users may have with third-party content and products while using the Services, collectively referred to as "Partner Content." This encompasses external website links, resources, information, and content provided by third parties, as well as third-party products and services available for direct purchase.
6.1. We recognize the significance of transparency in online engagements and want to provide you with comprehensive information about our utilization of automated profiles. While using our services, you may encounter these profiles, known as "Automated Profiles," which are created either by contracted or employed individuals or through automated programs and scripts.
6.2. The purpose of these Automated Profiles is to enrich your experience and offer more interactive and enjoyable services, enticing you to actively engage with our platform. However, it is important to understand that these interactions are not generated by real individuals, and any communications or content produced by them should be regarded as artificial.
6.3. In compliance with the Bolstering Online Transparency Act and other relevant regulations, we have implemented a nickname tag for all Automated Profiles on our website. This distinctive tag will be consistently displayed in the bottom right corner of the user's identification information, making it easy for you to identify them.
7.1. Upon creating your account, you will become a member of the Website at no cost. This Free Membership grants you access to some of the available features on the Website.
7.2. If you desire additional features, you have the option to upgrade your Free Membership to a Paid Membership. By upgrading, you will gain access to enhanced features that require payment (referred to as "Fees"). Please note that these Fees may be subject to changes or updates. Prior to using any Paid Membership features, we will notify you of the applicable Fees and the amount that will be charged. Payments for the Fees will be processed through the payment method you have chosen (e.g., credit card, debit card). You have the freedom to choose the duration of your subscription from the options available on the Website. It is important to be aware that Fees may vary based on jurisdiction due to differing costs and commercial conditions. Your subscription period will automatically renew for the same duration as the original subscription unless you cancel it via your profile settings before the renewal date. You also have the ability to pause the auto-renewal in accordance with the Terms provided. Should you choose not to pause it, your subscription will be automatically renewed as specified. By granting us permission, we will charge the recurring Fees to your selected payment method within a reasonable time period. Conversely, if you decide to terminate the auto-renewal, we will discontinue charging you the corresponding Fees. Any termination will not impact charges made before the termination, for which we could reasonably take action. It is your responsibility to provide up-to-date, complete, and accurate information to ensure proper billing, and you must regularly update this information. In the event that we suspect any irregular payment activity, we reserve the right to temporarily or permanently suspend your payments. Additionally, we may contact you, your banking institution, or other relevant parties to report such unusual activity or obtain additional information. If we offer any free trials or promotional Services, they are intended for use exclusively during the specified trial period. Subsequently, the corresponding Fees will be charged to you in accordance with the Terms provided during the promotional period.
7.3. Subscription Cancellation: To cancel your subscriptions, you can either utilize the settings option in your profile or reach out to us through the Contact section on our Website or by sending an email to firstname.lastname@example.org.
8.1. When you engage in a purchase on our website or through our services ("Purchase"), the specific terms of sale on the respective website or online service will govern the transaction.
8.2. For your convenience, we offer various Payment Methods for completing your Purchase, including credit or debit card options. The processing of your chosen Payment Method will be handled by a trusted third party. By proceeding with a Purchase, you grant us the authorization to charge the selected Payment Method. In the event that we are unable to process the payment through your chosen method, you agree to fulfil any outstanding payment obligations promptly upon our request. Additionally, if a recurring payment is declined, a convenience fee of up to $5 may be charged.
8.3. You have the flexibility to cancel your subscriptions at any time by accessing the settings in your profile or by contacting our dedicated Customer Support Service. If you require further assistance, please consult the FAQ section on our website or reach out to us via email at email@example.com.
8.4. All charges associated with Purchases are non-refundable, and no refunds will be provided for partially used periods, except in cases where it is within our discretion or as required by applicable laws.
9.1. To the fullest extent permitted by applicable law, we shall not be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages arising from these Terms or the use or access to the Services. This includes damages such as loss of business profits, business interruption, loss of business information, and any other monetary loss. We are not responsible for expenses related to the loss of goodwill, revenue, or the replacement of products.
9.2. Your sole remedy and our total aggregate liability in connection with the Services or these Terms, regardless of the cause or reason, is limited to the actual direct damages incurred by you, up to the higher of the following amounts: (a) the net revenue the company earned directly from your use of the Services during the month immediately preceding the event giving rise to the claim, or (b) the amount you directly paid to us for the use of the Services.
9.3. The limitations set forth in this section apply to all actions or claims, regardless of the cause of action. These limitations also apply to damages incurred due to other services or goods received through or advertised on the Services or obtained through any links provided in the Services, as well as information or advice received through or advertised on the Services or obtained through any links provided in or through the Services.
9.4. We do not warrant or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website, nor are we responsible for monitoring any transaction between you and third-party providers of products or services. We are not liable for the offensive or illegal conduct of any third party, and you voluntarily assume the risk of harm or damage from such conduct.
9.5. The foregoing limitations apply even if a remedy fails its essential purpose and to the fullest extent permitted by applicable law. These limitations do not waive or limit our ability to obtain injunctive or other equitable relief for a breach of these Terms.
9.6. You agree to indemnify, defend, and hold the Company, its officers, directors, employees, members, shareholders, and representatives (including successors and assignees) harmless from and against any claim or demand, including reasonable attorneys' fees, litigation expenses, loss, and disbursements made by any third party in connection with your use of the Services, your violation of these Terms or Policies, your violation of any applicable law, including claims for libel, slander, copyright and trademark infringement, your submission, posting, or transmission of content to the Services, and your violation of any rights of other persons. We reserve the right, at our own expense, to assume the exclusive defense and control of any such disputes, and you agree to cooperate with us in asserting any available defenses.
9.7. If you are a resident of California, you waive California Civil Code §1542, which states that a general release does not extend to claims that the creditor does not know or suspect to exist at the time of executing the release and that, if known, would have materially affected the settlement. This release includes the criminal acts of others.
10.1. The Services, including any content derived from materials provided by us, our partners, and other sources, are the exclusive property of us and our subsidiaries. These rights are protected by international treaties, trademarks, service marks, copyrights, trade secrets, patents, and other applicable laws. You acknowledge that substantial time, effort, and financial resources have been invested in developing, compiling, preparing, revising, selecting, and arranging the Services. The intellectual property and trademark rights associated with the Services are owned by us, and any goodwill derived from their use belongs to the Company. Throughout the duration of these Terms and beyond, you agree to respect the Company's proprietary rights and comply with any reasonable requests made by us, our suppliers, and licensors of content to protect their contractual, statutory, and common law rights. The Services are not sold or assigned to you, and all rights not expressly granted by us are reserved to the Company, its subsidiaries, and its Suppliers. You agree to comply with all applicable copyright and other laws, as well as any additional copyright notices or restrictions within the Services. You also agree to promptly inform us if you become aware of any unauthorized access or use of the Services by any individual or entity, or any claim of infringement of copyright, trademark, or other rights. All present and future rights related to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights pertaining to the Services, including applications and registrations, shall remain the exclusive property of the Company.
10.2. We are not obligated to accept unsolicited feedback. In the event that you provide us with any feedback regarding the Services, we will own all rights to such feedback, including any derivative technologies and compilations based on or developed through the use of that feedback. You agree to take all reasonably necessary actions to ensure that the Company's rights to such feedback are upheld.
10.3. You are prohibited from using our trademarks, trade names, service marks, copyrights, or logos in any manner that may create the false impression that they belong to you or are associated with you unless explicitly provided otherwise. You acknowledge that you have no ownership rights to any of these items unless expressly granted herein.
11.1. These terms shall remain in effect upon your acceptance and may be terminated by either party as outlined below.
11.2. We reserve the right to immediately suspend or terminate your access to the Services for the following reasons (a) Violation of Prohibited Content and Activities: If we reasonably determine that your conduct violates the Prohibited Content and Activities sections specified in these Terms; (b) Violation of Laws and Regulations: If your conduct is in violation of any local, state, federal, or foreign laws or regulations; (c) Failure to Comply with these Terms: If you fail to comply with any provision of these Terms or the Policies; (d) Harmful Conduct: If, at our sole discretion, we reasonably determine that your conduct is directly or indirectly harmful to others; (e) Violation of Third-Party Rights: If, at our sole discretion, we reasonably determine that your conduct infringes upon the rights of a third party, including copyright, trademark, or rights of privacy and publicity; (f) Additional Violation of Prohibited Content and Activities: If your conduct is found to be in further violation of the Prohibited Content and Activities sections specified in these Terms; (g) Protection of Users and the Public: If there are activities related to safeguarding the rights, property, or safety of users and the public; (h) Interference with Functionality: If your conduct interferes with the proper functionality of the Services; (i) False or Misleading Information: If you provide false, inaccurate, outdated, or incomplete information, including your Registration Information; (j) Requested by Law Enforcement or Government Agency: If a law enforcement or government agency requests the termination of your access; (k) Extended Periods of Inactivity: If there are extended periods of inactivity in your use of the Services; (l) Discontinuance or Modification of the Services: If there is a discontinuance or material modification of the Services or any part thereof; (m) Unexpected Technical or Security Issues: If there are unexpected technical or security issues or problems.
11.3. Upon termination, we will fulfil our obligations to you concerning any outstanding orders at the time of termination. However, if we terminate your access to the Services based on the aforementioned grounds, your access to the Services and these Terms will cease immediately.
11.4. You have the right to terminate your use of the Services through the appropriate channel available in your account's administration panel. If you terminate your account, you will still be responsible under these Terms for any purchases made prior to the termination.
11.5. Unless explicitly stated otherwise, all covenants, agreements, representations, warranties, and undertakings necessary to survive the termination of your access to the Services will remain in effect until their complete or sufficient fulfilment, or until the lawful release of such obligations.
12.1. Any notices or communications sent to you will be considered effectively delivered under the following circumstances (a) When we send them to the email address you provided in your profile information; (b) When we post them as a notice on the Website or through the Services.
12.2. If you need to send us a notice, you can use the address provided on the Website or Services, or send it to our physical address in Cyprus.
12.3. For any further inquiries or clarifications, please feel free to email us at firstname.lastname@example.org. By accepting these Terms, you acknowledge and agree to the methods of the notice described in this section.
13.1. These Terms shall be governed by and construed in accordance with the laws of Cyprus, without giving effect to its conflict-of-law provisions.
13.2. Any dispute, controversy, or claim arising out of or relating to these Terms, including its formation, interpretation, performance, or termination, shall be exclusively resolved through binding arbitration in Cyprus. The arbitration shall be conducted in accordance with the rules and procedures of the Cyprus Arbitration Law governed by Law No. 101/1987. The arbitration proceedings shall be conducted in the English language.
13.3. The arbitration panel shall consist of one arbitrator appointed in accordance with the rules set forth in the Cyprus Arbitration Law. The arbitrator shall have the authority to determine issues of liability and the amount of any damages or other relief that may be awarded.
13.4. The decision and award rendered by the arbitrator shall be final and binding upon both parties. The parties agree to abide by and comply with the decision and award, and any judgment based on the award may be entered in any court having jurisdiction.
13.5. Notwithstanding the above arbitration provision, either party may seek injunctive or other equitable relief from the courts of Cyprus to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
13.6. The parties hereby waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms.
13.7. The provisions of this Section shall survive any termination or expiration of these Terms.
13.8. By accepting these Terms, you agree to the exclusive jurisdiction and arbitration provision stated in this Section.
13.9. To the fullest extent permitted by law, you and the Company agree that any disputes or claims arising out of or relating to these Terms shall be resolved on an individual basis, and you hereby waive any right to participate in a class, consolidated, or representative action.
13.10. You and the Company agree that any arbitration or legal proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action. The arbitrator or the court shall have no authority to consolidate or join the claims of other individuals or parties who may be similarly situated.
13.11. In the event that the class action waiver is deemed unenforceable, the dispute shall be brought and litigated in the appropriate court located in Cyprus, and you and the Company agree to submit to the personal jurisdiction of such courts.
13.12. By accepting these Terms, you acknowledge and agree that any disputes or claims arising out of or in connection with these Terms shall be resolved on an individual basis, and you hereby waive any right to participate in a class action or any consolidated or representative proceeding.
14.1. We reserve the right to update, amend, or modify these Terms, Policies, and Services at our sole discretion, without prior notice to you, as permitted by applicable law. This includes changes to features, specifications, capabilities, functions, licensing terms, or any other aspect that may or may not affect the availability of the Services.
14.2. We will notify you of any changes by posting them on the Website or sending an email to the address you provided. By continuing to access or use the Services after any changes to these Terms, you expressly agree to be bound by the updated Terms, regardless of any objections or reservations you may have expressed. You understand and acknowledge that you waive any right to claim compensation or indemnification for such changes, except as provided in the Dispute Resolution section of these Terms. The updated Terms will take effect immediately upon being posted on the Website and will apply going forward unless otherwise specified in a separate written notice from us.
14.3. If you have objections or reservations regarding the mentioned modifications, you must discontinue your use of the Services in any way. This means refraining from uploading, posting, or submitting any user-generated content through the Services after the effective date of the changes. Any use of the Services after this point will be strictly prohibited and unauthorized under these Terms.
14.4. In the event that you continue to use the Services after raising an objection or reservation but before receiving a written response from us, your continued use will be deemed as granting your full consent to be bound by the changes. By doing so, you waive any right to claim compensation or indemnification for the objected modifications.
14.5. By accessing and using our Services, you acknowledge that you are in compliance with all applicable laws and regulations, including those related to privacy and data protection. We do not assume responsibility for any third-party content on our Services or any links to external websites. We do not verify the expertise of users, and you agree that we are not liable for any reliance placed on such individuals.
14.6. Your use of the Services is at your own risk. We do not represent, warrant, or guarantee that the Services or the content accessible through them are suitable for your specific purposes. We cannot guarantee the security of the Services or uninterrupted, error-free access to them. We do not warrant compatibility with third-party technology, hardware, software, systems, or data. The Services and any content accessed through them are provided on an "as is" basis without any warranties, whether express, implied, statutory, or otherwise. We disclaim all conditions, representations, and warranties to the fullest extent permitted by law, including any implied warranties of merchantability, title, fitness for a particular purpose, or non-infringement.
14.7. The Services may experience inherent interruptions, limitations, delays, and other issues that are common in Internet applications and electronic communications, and we are not responsible for such issues beyond our reasonable control. You understand and agree that any content or material downloaded, obtained, or accessed through the use of the Services is done at your own discretion and risk, and you are solely responsible for any damages to your devices or loss of data that may result from such actions. Any advice or information obtained from us or through the Services does not create any warranty.
14.8. The manufacturer of each advertised or available product provides any applicable warranties, if any. We do not guarantee that the products or services available through the Services will meet your specific requirements or achieve any particular results, including employment opportunities.
14.9. We disclaim any liability and explicitly state that the Company and its subsidiaries shall not be held liable for any user's use, misuse, or reliance on the Services or any related content under any circumstances.
14.10. If any provision of this Agreement, or its application, is deemed illegal, void, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
14.11. The Company shall not be held liable for the failure to perform its obligations under this Agreement if such failure is due to a force majeure event. The Company's performance will be excused as long as the force majeure condition persists, and the Company will make reasonable efforts to resolve the situation. Force majeure events include circumstances beyond the Company's control, such as acts of God, compliance with government regulations or orders, war, civil unrest, labor strikes or lockouts, epidemics, failure of public utilities or common carriers, and natural disasters such as fires, earthquakes, storms, or similar catastrophes.
14.12. Any delay or omission by either party to exercise a right or power resulting from the other party's noncompliance or default under this Agreement shall not diminish that right or power, nor shall it be deemed a waiver thereof.
14.13. Unless expressly stated otherwise in these Terms, no third party shall have any rights or benefits under these Terms. Therefore, you are not permitted to transfer or assign these Terms or any rights or obligations herein without the prior written consent of the Company. However, the Company reserves the right to freely assign, sublicense, delegate, or otherwise transfer any rights or obligations under these Terms to any third party without requiring your prior written consent.
14.14. This Agreement supersedes all prior agreements and understandings relating to the subject matter herein. Any waiver, discharge, or termination of this Agreement or any of its terms must be in writing and signed by the party against whom enforcement of the waiver, discharge, or termination is sought. No agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms. You acknowledge and agree that any agreements entered into electronically between you and the Company are legally binding to the same extent as if they were made in physical written form.
Last Updated: 2023-05-25 17:05:52