Terms and Conditions of Service
By using the Channels, Users acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) that they use and the terms and conditions of the relevant and applicable Channel(s) operated by the Company which their Materials (as defined in Section 4.1 below) are being / have been uploaded to or posted on.
Users further acknowledge and agree that they shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) regarding their use of the Channels. Users recognize the global nature of the Internet and understand that the applicable laws, statutes, ordinances and/or regulations may be of a jurisdiction other than their own and agree that compliance with the same is their absolute responsibility.
The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Channels at anytime, whether in the United States of America (“U.S.”) or elsewhere, for any reason or purpose.
All contents of the Channels, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the Users (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded, copied, modified, reproduced, printed or distributed in any way except that Users may download and/or print a copy of such materials for their own legal and non-commercial uses or for such purposes as permitted under the terms and conditions of any service agreement(s) entered into between the Company and the User(s)). Any use of any of such content other than those permitted under the Terms and Conditions, the terms and conditions of any specific Channel(s) and the terms and conditions of any service agreement(s) entered into between the Company and the User(s) is strictly prohibited and the Company reserves all its rights in this respect. Users acknowledge that they will be solely responsible for any adverse consequences arising from their breach of copyright laws and/or other intellectual property laws.
For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner. Users agree that the Company is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by them to the Company in connection with the Users’ use of the Channels without any remuneration or compensation to them. Users hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to the Company’s use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.
Users acknowledge that the Company may not pre-screen or pre-approve certain content posted on the Channels or any content sent through the Channels. In any event, the Company takes no responsibility whatsoever for the content on the Channels or any content sent through the Channels, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material therein.
Any Materials uploaded or posted on the Channels by the Users may be viewed by users of other web sites and/or media platforms and/or applications linked to the Channels and the Company is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites and/or media platforms and/or applications of any data or materials posted on the Channels. Links to third party web sites and/or media platforms and/or applications provided on the Channels are provided solely as a convenience to the Users and as internet navigation tools, and not in any way an endorsement by the Company of the contents on such third party web sites and/or media platforms and/or applications. Unless otherwise stated on the Channels, the Company has no control over or rights in such third party web sites and/or media platforms and/or applications and is not responsible for any contents on such third party web sites and/or media platforms and/or applications or any use of services provided by such third party web sites and/or media platforms and/or applications by the Users. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Materials, web page or other information contained therein placed by them. The Company is not responsible for the content of any third party web sites and/or media platforms and/or applications (regardless of whether they are linked to the Channels), and does not make any representations or warranties regarding the contents or accuracy of materials on such third party web sites and/or media platforms and/or applications. If any User accesses via hyperlinks on the Channels any third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials uploaded or posted on the Channels, to expel the Users from and prevent their further access to the Channels (by way of, including but not limited to, terminating the membership accounts and blocking the Users’ Internet Protocol addresses) at its sole discretion without any notice, compensation or recourse to the Users if the Company considers at its sole discretion that such Users have breached or is likely to breach any law or regulations or the Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s).
In the event that the Company decides to remove any paid advertisement or paid services for any reasons not relating to any breach of law or the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Channels or that the service has been provided, refund the remaining fees (if any) to the related Advertiser or Merchant in accordance with the Terms and Conditions or the terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the related Advertiser or Merchant (including without limitation the Service Order(s)), without prejudice to the Company’s rights and remedies hereunder.
The Company may not monitor the Channels at all times but reserves the right to do so. The Company does not warrant that any Materials or web page or application will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in any way be considered an agent of any User with respect to any use of the Channels and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Channels, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE QUALITY SERVICE TO ALL USERS, THE COMPANY DOES NOT WARRANT THAT THE CHANNELS WILL OPERATE ERROR-FREE OR THAT THE CHANNELS AND THEIR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE CHANNELS AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND HYPERLINKS ON THE CHANNELS.
ALL USERS SHALL USE THE CHANNELS AND ANY OTHER WEB SITES AND/OR MEDIA PLATFORMS AND/OR APPLICATIONS ACCESSED THROUGH THE CHANNELS, ENTIRELY AT THEIR OWN RISK. All Users are responsible for the consequences of their postings. The Company does not give any representations or guarantees regarding the truthfulness, accuracy or reliability of any Materials uploaded or posted by the Posting Users or endorse any opinions expressed by the Posting Users. Reliance by any User on advertisements and materials posted by the other Users will be at their own risk. The Company reserves the right to expel any User and prevent his/her/its further access to the Channels, at any time for breaching this agreement or violating the law and also reserves the right to remove any Materials which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
All Users agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels, their use of any services provided by the Company via the Channels, or their breach of any term of this Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
The Company shall have the right to limit the use of the Services, including the period of time that Materials will be posted on the Channels, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services.
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Materials within the Services immediately without notice for any reason, including but not limited to the reason that the User breached any law or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any service agreement(s) entered into between the Company and the User(s). The Company reserves the right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Materials posted on the Channels to any User at any time, both before or after cessation of the Services or upon removal of the related Material(s) from the Channels.
The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on the Channels or any content on third party web sites and/or media platforms and/or applications accessed via the Channels.
The Company shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Company’s reasonable control, including but not limited to Internet failure or any system default.
The Company does not guarantee uninterrupted, continuous and/or secure access to the any Services via the Channels. Part of or the entire Channels may be unexpectedly unavailable for whatever duration and for whatsoever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond the Company’s control for which we cannot and shall not be held responsible. The Company reserves the right to take any part or the whole of the Channels offline with or without notice for reasons including but not limited to system maintenance or upgrading.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRSENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR PROFIT) DIRECTLY OR INDIRECTLY SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM OR CONNECTED WITH (i) ANY USER’S USE OR INABILITY TO USE THE CHANNELS, THEIR CONTENTS OR THE SERVICES, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES; (ii) ANY USER’S USE OF ANY SERVICES OR PRODUCTS PROVIDED BY ANY MERCHANTS OR ADVERTISERS; AND/OR (iii) ANY PERFORMANCE, NON-PERFORMANCE, CONDUCT OR POLICIES OF ANY MERCHANTS OR ADVERTISERS. .
THE COMPANY IS NOT AN AGENT OF ANY OF THE MERCHANTS OR ADVERTISERS.
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims and expenses arising from their use of the Services and/or the Channels shall be limited to the amount of USD$20.
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the State of Wyoming (hereinafter referred to as "Wyoming"), unless otherwise specified.
Except as expressly set forth herein, no person other than the parties to these Terms and Conditions shall have any right to enforce any term hereof.
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
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