SADA APP Inc.
Terms and Conditions
Last Updated: June 23, 2020
PLEASE READ THESE Terms and Conditions CAREFULLY
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SADA APP Inc. (“we,” “us” or “our”), concerning your access to and use of the SADA APP mobile application as well as any other media form, media channel, web site, or mobile site related, linked, or otherwise connected thereto (collectively, the “Service”). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE Terms and Conditions, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Service AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms and Conditions are posted.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register or use the Service. By using or engaging with the Service, you agree that you are at least 18 years old. All users under the age of 18 years old are prohibited from using the Service.
The Service is our proprietary property and all source code, databases, functionality, software, Webservice designs, designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms and Conditions, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited whatsoever without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Service, Content, and the Marks.
By using the Service, 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 Terms and Conditions; (4) you are not under the age of 18; (5) not a minor in the jurisdiction in which you reside; (6) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Service for any illegal or unauthorized purpose; and (8) your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may also register and sign into the Service by using your Facebook login. By using your Facebook login, you give us permission to use certain Facebook account information and your Facebook.
You may not access or use the Service for any purpose other than that for which we make the Service available.
As a user of the Service, you agree not to:
USER GENERATED Contributions
The Service may invite you and other users to chat, contribute to, or participate in blogs, create and upload posts, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, content, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party webServices. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Service in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Service. By using this Service you agree that you give us complete rights to terminate or suspend any of your Contributions for any reason we see fit, at any time, without notice.
By posting Contributions on the Service, you are solely responsible to review your Contributions and make sure that they do not violate any of these Terms and Conditions.
By using this Service, you acknowledge that we have not reviewed and cannot review all of the Contributions on this Service or other media outlets by you or other users of this Service, and you agree not to hold us responsible for any negative effects that may come to you because of the Contributions by you or by the Contributions made by other users. We do not assume any responsibility for the conduct of any user submitting any user Contributions, and we do not assume any responsibility for the monitoring the Service for inappropriate Contributions or conduct. The Contributions on this Service may be inaccurate, contain errors and mistakes, be offensive, indecent, or not pleasant, or may cause harm to you or others and we do not claim any responsibility for any effects it may have on you or others. Please do notify us of any Contributions that you may see as incorrect or negative by contacting us using the information provided below in the ‘Contact Us’ section and we will work on reviewing and possibly removing or suspending those specific Contributions. You bear all risks associated with the use or any interactions with any of the user Contributions available in connection with the Service.
By posting your Contributions to any part of the Service [or making Contributions accessible to the Service by linking your account from the Service to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service. You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, delete, disable, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice and without compensation or without refunds back to you. We have no obligation to monitor your Contributions. We also can remove or disable your account and all Contributions associated with your account at anytime for any reason we see fit without offering you a refund and without notice.
We may provide you areas on the Service to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (2) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your reviews should not contain references to illegal activity; (4) you may not post any false or misleading statements; and (5) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms and Conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use or copy the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application and/or the Service; (6) use the application to send automated queries to any webService or to send any unsolicited commercial e-mail; or (7) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms also apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (4) you must comply with applicable third-party terms of agreement when using the mobile application; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Service, servers, admin panels via your account, admin panels, including without limitation any friend lists and unique identifiers and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Service. If you logged into the Service using your Third-Party Account, and you no longer can access the Service using the Third-Party Account or in general not be able to access the Service using your email or password, you do not hold us liable for any lost data, access to your account, or any monetary or any other issues or loss that come to you.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Service may contain (or you may be sent via the Service) links to other webServices (“Third-Party WebServices”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party WebServices and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party WebServices accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebServices or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party WebServices or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party WebServices or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any webService to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party WebServices will be through other webServices and from other companies, and we take no responsibility whatsoever in issues that may arise to such purchases. You agree and acknowledge that we do not endorse the products or services offered on Third-Party WebServices and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party WebServices. Furthermore, you shall hold us harmless and not responsible from any losses sustained or any negative effects occurred to you by using this Service.
You may choose to purchase or interact with goods, services, or Contributions posted on the Service from other users, and you do not hold us responsible whatsoever for any issues, loss, financial loss, or harm sustained to you or others by such purchases or interactions. Please review and interact with each user generated Contribution at your own risk.
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, 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, delete or disable (to the extent technologically feasible) any of your Contributions or your account or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable Contributions and/or all files and content that are excessive in size or are in any way burdensome to our systems, other users, or user experience; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.
These Terms and Conditions shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms and Conditions, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Service (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms and Conditions OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE Service OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION, WITHOUT A REFUND.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. You agree that you will also not hold us accountable for any monetary loss or loss in general if your accounts, content, and or any of your Contributions gets terminated or suspended.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service and we do not have to offer any refunds.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, server, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, downtime, or errors. We reserve the right to change, revise, update, suspend, discontinue in whole or in part, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, financial loss or any inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
When using the Service you have the option to select and purchase available Post Types and create Posts (also known as Ads or Advertisements) on the Service. It is your responsibility to review the Post Type, length of time of the Post Duration, the cost, location and all details before making any purchase. All of your purchase transactions are final. You acknowledge that you have fully reviewed all of the details before making any purchase. You do not hold us liable for any mistakes, errors, or conflicts that occur when purchases are made. We have the right to not offer any refunds and you fully understand and accept this when you make a purchase.
For iOS version of SADA APP only
We use only Apple’s In-App API for all transactions conducted on the iOS version of SADA APP
We will not be responsible or liable for any damages or errors that may arise when completing or processing before, during, and after a transaction or a payment is made.
If you would like to delete your account, be aware that all of your Contributions will also be deleted and you will not be offered a refund. You can delete your Account by contacting us using the below ‘Contact Us’ section. Be aware that it will take us time to delete your Account.
You can go in and delete your Contributions within the Service.
We will review your refund requests for any purchases made on the Service. We have the right to refuse any refund for any reasoning we see fit. Complete any purchases at your own risk. For refund requests, please contact us using the below ‘Contact Us’ section.
In the event that there is a dispute, controversy, or claim related to these Terms and Conditions or the Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), will be finally and exclusively resolved by binding arbitration. Any Dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Service shall be binding arbitration conducted in California by a single arbitrator. The arbitration will be administered by the American Arbitration Association. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
To the fullest extent permitted by Law, The Parties agree that any Dispute arising out of or in connection with these Terms and Conditions or the Service whether in arbitration or in court, will be conducted only on an individual basis between the Parties and not in a class, consolidated, or representative action. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures ; and (c) there is no right or authority for any dispute to be started or continued as a class action or class arbitration or other representative action against us. By using the Service you give up your right to go to court to bring on any type of claims against us and you give up your right to participate in a class action against us.
If for any reason a Dispute proceeds in court rather than through arbitration, you knowingly and irrevocably waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms and Conditions or any of the transactions contemplated between the Parties.
The only exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall only be commenced or prosecuted in the state and federal courts located in the state of California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice. You also agree to not hold us liable for any corrections that are made.
THE Service IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE Service SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Service AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Service’S CONTENT OR THE CONTENT OF ANY WEBServiceS OR Contributions BY OTHER USERS LINKED TO THIS Service OR PUT ON IN THE Service AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, MATERIALS, AND Contributions, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Service, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Service, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Service BY ANY THIRD PARTY OR USER, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Service. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE Service, ANY HYPERLINKED WEBService, OR ANY WEBService OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OR OTHER USERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, WE ARE NOT AN INTERNATIONAL MARRIAGE BROKER.
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 BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE Service, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS Terms and Conditions MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
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 Service; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (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 Service with whom you connected via the Service. 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.
We will maintain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Service, 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/or on the Service, 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 Service. 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. Additionally, if you inputted your phone number when creating an account or inputted your phone number anywhere in the Service, you give us the right to contact you via your phone number if we choose to, and you agree that we are not liable to pay for any costs that you may incur associated with any phone calls.
These Terms and Conditions and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Service. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Service, to receive further information regarding the use of the Service, or to get a hold of us for any other reason, please contact us:
By email: firstname.lastname@example.org