Last updated July 29, 2024
AGREEMENT TO OUR LEGAL TERMS
We are MegaNET spol. s r.o. , doing
business as
Buoy Hook
( "Company," "we," "us," "our" ) , a company registered in Czechia
at
Šmahova 311/113 ,
Brno ,
Jihomoravský
kraj 627 00 . Our VAT
number is
CZ25540696.
We operate the website
https://www.meganet.cz
(the
"Site" ) ,
as well as any other related products and
services that refer or link to these legal
terms (the
"Legal Terms" ) (collectively, the
"Services" ).
You can contact us by email at info@meganet.cz
or by mail to
Šmahova 311/113 ,
Brno ,
Jihomoravský kraj 627 00 , Czechia .
These Legal Terms constitute a legally
binding agreement made between you, whether
personally or on behalf of an entity ( "you" ), and
MegaNET spol. s r.o. , concerning your access to and use of the
Services. You agree that by accessing the
Services, you have read, understood, and
agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of
any scheduled changes to the Services you
are using. The modified Legal Terms will
become effective upon posting or notifying
you by info@meganet.cz , as stated in the email message. By
continuing to use the Services after the
effective date of any changes, you agree to
be bound by the modified terms.
We recommend that you print a copy of these Legal
Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the
Services 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 Services
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.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our
Services, including all source code,
databases, functionality, software, website
designs, audio, video, text, photographs,
and graphics in the Services (collectively,
the "Content" ), as well as the trademarks, service
marks, and logos contained therein (the
"Marks" ).
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and
unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or
through the Services "AS IS"
for your
personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal
Terms, including the " PROHIBITED ACTIVITIES "
section below, we grant you a non-exclusive,
non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use .
Except as set out in this section or
elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be
copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed,
encoded, translated, transmitted,
distributed, sold, licensed, or otherwise
exploited for any commercial purpose
whatsoever, without our express prior
written permission.
If you wish to make any use of the
Services, Content, or Marks other than as
set out in this section or elsewhere in our
Legal Terms, please address your request to: info@meganet.cz . If we ever grant you the permission to
post, reproduce, or publicly display any
part of our Services or Content, you must
identify us as the owners or licensors of
the Services, Content, or Marks and ensure
that any copyright or proprietary notice
appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted
to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of
our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the " PROHIBITED ACTIVITIES " section carefully prior to using our
Services to understand the (a) rights you give
us and (b) obligations you have when you post
or upload any content through the Services.
Submissions: By directly
sending us any question, comment,
suggestion, idea, feedback, or other
information about the Services ( "Submissions" ), you agree to assign to us all
intellectual property rights in such
Submission. You agree that we shall own this
Submission and be entitled to its
unrestricted use and dissemination for any
lawful purpose, commercial or otherwise,
without acknowledgment or compensation to
you.
You are responsible for what you post
or upload:
By sending us Submissions
through any part of the Services you:
- confirm that you have read and agree
with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by
applicable law, waive any and all
moral rights to any such Submission
; - warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your
Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and
all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
By using the Services, you represent and
warrant that: (1) you have the legal capacity and you
agree to comply with these Legal
Terms; (2) you are not a minor in the
jurisdiction in which you reside ; ( 3) you will not access the
Services through automated or
non-human means, whether through
a bot, script or otherwise; (4) you will not use the Services
for any illegal or unauthorized purpose; and (5) your use of the Services 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 Services (or
any portion thereof).
4. PRODUCTS
We accept the following forms of payment:
You agree to provide current, complete, and
accurate purchase and account information
for all purchases made via the Services. You
further agree to promptly update account and
payment information, including email
address, payment method, and payment card
expiration date, so that we can complete
your transactions and contact you as needed.
Sales tax will be added to the price of
purchases as deemed required by us. We may
change prices at any time. All payments
shall be in Euros .
You agree to pay all charges at the prices
then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider
for any such amounts upon placing your order.
We reserve the right to correct any errors or
mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order
placed through the Services. We may, in our
sole discretion, limit or cancel quantities
purchased per person, per household, or per
order. These restrictions may include orders
placed by or under the same customer
account, the same payment method, and/or
orders that use the same billing or shipping
address. We reserve the right to limit or
prohibit orders that, in our sole judgment , appear to be placed by dealers,
resellers, or distributors.
6. RETURN POLICY
All sales are final and no refund will be
issued.
7. PROHIBITED ACTIVITIES
You may not access or use the
Services for any purpose other than
that for which we make the Services
available. The Services may not be
used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the
Services, you agree
not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
(
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as
may
be
the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Services,
or
use
or
launch
any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use
the
Services
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Services
and/or
the
Content
for
any
revenue-generating
endeavor or commercial enterprise.
8. USER
GENERATED
CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the
creator and
owner of or
have the
necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your
Contributions
are not
unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your
Contributions
are not
obscene, lewd,
lascivious,
filthy,
violent,
harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the
Services in
violation of the
foregoing violates
these Legal Terms
and may result in,
among other things,
termination or
suspension of your
rights to use the
Services.
9. CONTRIBUTION
LICENSE
You and Services agree that we may
access, store, process, and use any
information and personal data that you
provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback
regarding the Services, you agree that we
can use and share such feedback for any
purpose without compensation to you.
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 Services. You are solely responsible for
your Contributions to the Services and you
expressly agree to exonerate us from any and
all responsibility and to refrain from any
legal action against us regarding your
Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via
the Site ) links to other websites ( "Third-Party Websites" ) 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
Websites 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 Websites
accessed through the Services or any
Third-Party
Content posted on, available through, or installed
from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the
Third-Party
Websites or the
Third-Party
Content. Inclusion of, linking to, or permitting the
use or installation of any
Third-Party
Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services
and access the
Third-Party
Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including
privacy and data gathering practices, of any website
to which you navigate from the Services or relating
to any applications you use or install from the Services.
Any purchases you make through
Third-Party
Websites will be through other websites and from other
companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively
between you and the applicable third party. You agree
and acknowledge that we do not endorse the products
or services offered on
Third-Party
Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services.
Additionally, you shall hold us blameless 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 Websites.
11. 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.
12. PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy: https://www.meganet.cz/policies/privacy-policy/ . By using the Services, you agree to be bound by
our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services
are hosted in
Czechia . 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 in
Czechia , then through
your continued use of the Services, you are
transferring your data to
Czechia , and you
expressly consent to have your data transferred to
and processed in
Czechia .
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (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 LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
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.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the contents of the Services at any time or for
any reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Services.
We also reserve the right to modify or discontinue
all or part of the Services 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 Services.
We cannot guarantee the Services will be
available at all times. We may experience
hardware, software, or other problems or need to
perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the
Services at any time or for any reason without
notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the
Services during any downtime or discontinuance of
the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support
the Services or to supply any corrections,
updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted
following the laws of Czechia , and the use of the United Nations Convention of
Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is
in the EU, and you are a consumer, you
additionally possess the protection provided to
you by obligatory provisions of the law in your
country to residence.
MegaNET spol. s r.o.
and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of
Brno , which means that
you may make a claim to defend your consumer
protection rights in regards to these Legal Terms
in Czechia , or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of
any dispute, controversy, or claim related to
these Legal Terms (each a "Dispute" and collectively, the "Disputes" ) brought by either you or us
(individually, a
"Party" and
collectively, the "Parties" ), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30) days before
initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising from the relationships between the
Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the
Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are
in force at the time the application for arbitration is
filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Brno ,
Czechia . The language of the
proceedings shall be Czech .
Applicable rules of substantive law shall be the law of
Czechia .
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. 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 brought in a purported
representative capacity on behalf of the general public or
any other persons.
17. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions,
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 Services at any
time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
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 SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (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 SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, 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 SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE 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
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.
19. 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.
20. 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) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a third
party, including but not limited to
intellectual property rights; or (5) 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.
21. USER DATA
We will maintain certain data that you transmit
to the Services for the purpose of managing the
performance of the Services, as well as data
relating to your use of the Services. Although we
perform regular routine backups of data, you are
solely responsible for all data that you transmit
or that relates to any activity you have
undertaken using the Services. 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.
22. 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.
23. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect
to the Services constitute the entire agreement
and understanding between you and us. Our failure
to exercise or enforce any right or provision of
these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms 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 Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal
Terms 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 Legal Terms or use of the
Services. You agree that these Legal Terms 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 Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the
Services or to receive further information
regarding use of the Services, please contact us
at: