Terms Of Service

AGREEMENT TO OUR LEGAL TERMS

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

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. ADVERTISERS

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. SMS TEXT MESSAGING

27. MISCELLANEOUS

28. CONTACT US

1. OUR SERVICES

The information provided 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

All intellectual property rights related to our Services are either owned by us or licensed to us. This includes trademarks, service marks, and logos (collectively, the “Marks”), as well as any source code, databases, software, website designs, audio, video, text, photos, and graphics (collectively, the “Content”). Both domestically and internationally, these Marks and Content are protected by copyright, trademark, and other intellectual property laws. They are provided for your internal corporate use or personal, non-commercial use only through our Services “AS IS.”

Your Use of Our Services

As long as you follow these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:

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

This license is for internal corporate or personal, non-commercial use only. Except as stated, you may not use, distribute, sell, lease, encode, translate, upload, post, publicly display, or otherwise exploit the Services, Content, or Marks for profit without our prior written consent. If you use our content for any other purpose, you must credit us as the creators or licensors and display any copyright or proprietary notices.

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

Your Submissions and Contributions

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

Submissions:

When you send us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in such Submissions to us. We will own these Submissions and can use them for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.

Contributions:

When you participate in blogs, message boards, forums, or other features of our Services, you may create, upload, post, or display content (collectively, “Contributions”), including text, audio, video, images, music, graphics, reviews, comments, and private data. Online submissions are also considered Contributions.

By posting Contributions, you grant us permission to use your image, name, voice, and other elements of your work for any commercial or advertising purpose. This license is broad, irrevocable, perpetual, non-exclusive, transferable, and royalty-free worldwide. It also covers the use of your name, company name, trademarks, and personal photos.

Your Responsibilities:

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

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

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

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

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you provide is true, accurate, current, and complete; (2) you will keep this information accurate and update it as necessary; (3) you have the legal capacity to agree to these Legal Terms; (4) you are not a minor in your jurisdiction or, if you are, you have parental permission to use the Services; (5) you will not access the Services through automated means, such as bots or scripts; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use of the Services will comply with all applicable laws and regulations.

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. USER REGISTRATION

You may be required to register to use the Services. 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.

5. PRODUCTS

We strive to present the colors, features, specs, and other information about the products that are offered on the Services as precisely as we can. However, your electronic display may not accurately reflect the actual colors and details of the products, and we do not guarantee that the features, colors, specs, and other details of the products will be accurate, complete, reliable, current, or free of other mistakes. We are unable to promise that any particular item will be in stock, and all products are subject to availability. We maintain the right to stop selling any product, for any reason, at any time. All product prices are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

• Visa
• American Express
• PayPal
• Mastercard

It is your responsibility to furnish correct, full, and up-to-date information for each transaction conducted over the Services. In order to facilitate the processing of your transactions and correspondence from us, you also consent to update your account and payment information as soon as possible, including your email address, payment method, and card expiration date. We have the right to change pricing at any time and to apply sales tax as necessary. US dollars must be used for all payments.

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

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

7. RETURN POLICY

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

8. PROHIBITED ACTIVITIES

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

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

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

9. USER GENERATED CONTRIBUTIONS

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

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

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

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

10. CONTRIBUTION LICENSE

By posting Contributions on our Services or linking your account to social networks, you grant us a broad, irrevocable, perpetual, and transferable worldwide license. This allows us to use, copy, display, sell, and distribute your Contributions (including your image and voice) for any purpose, including commercial use. We may also create derivative works from your Contributions, incorporate them into other works, and sublicense these rights. This license applies to all current and future media formats and includes the use of your name, company, franchise, and any trademarks or logos you provide. You also waive any moral rights to your Contributions.

While you retain full ownership of your Contributions and associated intellectual property rights, we are not responsible for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from any legal claims related to them.

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

11. GUIDELINES FOR REVIEWS

We may offer sections on the Services for posting reviews or ratings. When submitting a review, please follow these guidelines: (1) Ensure you have firsthand experience with the person or entity being reviewed; (2) Avoid offensive, abusive, racist, or hateful language; (3) Refrain from discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) Do not mention illegal activities; (5) Avoid posting negative reviews if you are affiliated with competitors; (6) Do not make legal judgments about conduct; (7) Avoid false or misleading statements; and (8) Do not organize campaigns to encourage others to post reviews, whether positive or negative.

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

12. SOCIAL MEDIA

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

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

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

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

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

Access to Contacts

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

13. ADVERTISERS

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

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. PRIVACY POLICY

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

16. TERM AND TERMINATION

These Legal Terms remain in effect as long as you use the Services. We reserve the right, at our sole discretion and without notice, to deny access to the Services (including blocking certain IP addresses) to anyone for any reason, including breaches of these Legal Terms or any applicable laws. We may terminate your access or participation in the Services, or delete your account and any posted content, at any time without warning.

 If your account is terminated or suspended, you are prohibited from registering or creating a new account under your name, a false name, or the name of any third party, even if acting on their behalf. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to 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 that the Services will always be available. There may be interruptions, delays, or errors due to hardware, software, or other issues, or during maintenance. We reserve the right to change, update, suspend, discontinue, or modify the Services at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms obligates us to maintain or support the Services or provide any corrections, updates, or releases.

18. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Otis A Hylton LLC and yourself irrevocably consent that the courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

19. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from or related to these Legal Terms, including questions regarding their existence, validity, or termination, shall be resolved through arbitration by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Avenue Louise, 146) according to its Rules. The seat of arbitration shall be in the designated location, and the proceedings will be conducted in the agreed language. The governing law of these Legal Terms will be the substantive law specified.

Restrictions

Arbitration will be limited to disputes between the parties individually. To the fullest extent allowed by law: (a) no arbitration will be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or use class action procedures; and (c) disputes cannot be brought in a representative capacity on behalf of the public or others.

Exceptions to Arbitration

The following disputes are not subject to arbitration: (a) disputes related to intellectual property rights; (b) disputes concerning theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, that part will be decided by a competent court as specified above, and the parties agree to submit to the court’s jurisdiction.

20. 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.

21. DISCLAIMER

Disclaimer of Warranties

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

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

We do not warrant or endorse any products or services advertised or offered by third parties through the Services or linked sites and are not responsible for any transactions between you and third-party providers. Exercise caution and use your best judgment in any purchase or transaction.

22. LIMITATIONS OF LIABILITY

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

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, and all our officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your breach of any representations and warranties in these Legal Terms; (5) your violation of a third party’s rights, including intellectual property rights; or (6) any harmful act toward another user of the Services with whom you connected. We reserve the right, at your expense, to assume exclusive defense and control of any matter requiring your indemnification, and you agree to cooperate with our defense of such claims at your expense. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

24. 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.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

When you visit the Services, send us emails, or fill out online forms, you are engaging in electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide to you via email or on the Services meet any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under laws in any jurisdiction that require original signatures, non-electronic records, or non-electronic payment methods.

26. SMS TEXT MESSAGING

Opting Out

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

Message and Data Rates

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

Support

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

27. MISCELLANEOUS

These Legal Terms 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.

28. CONTACT US

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