Terms of Use
TERMS OF USE
These Terms of Use, together with any documents referred to in this document, set out the terms on which you are permitted to make use of our website, noiahair.com. By using our website, you agree to be bound by and comply with these Terms of Use.
Please read these Terms of Use carefully. We recommend that you print a copy of these Terms of Use, as well as any future versions of them, as we may update them from time to time.
These Terms of Use are effective as of May 8, 2020.
WELCOME TO Noia Hair WEBSITE
The site is operated by Noia Hair (the "Company", "we", "us" or "our"). By accessing or using our Site, you signify that you have read, understood, and agree to be bound by these Terms of Service ("Terms of Service"), whether or not you are a registered user of the Site. If you do not agree to these Terms of Service, do not use the Site.
These Terms of Service are effective as of the date set forth above and we will not be bound by any additional or different terms contained in other documents that are inconsistent with these Terms. Company may modify or update these Terms of Service at any time by posting the modified terms on the Site and such terms will be effective for all use of the Site and Services once posted. Your continued access to the Site and/or use of the services provided on the Site after the posting of additional or different terms in the Terms of Service constitutes your acceptance of such additional or different terms. Company, in its sole discretion, may also add, remove, or modify any or all features of the Site or Company Services at any time.
These Terms of Service govern your access to and use of the Site and all content, services and/or products provided through the Site. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which incorporate by reference the Company’s Privacy Policy, or if you violate any agreement between you and us, the Company may terminate your registration, delete your profile and any content or information you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time, in its sole discretion, with or without notice.
We reserve the right to update these Terms of Use, our Privacy Policy, our Cookie Policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and any other documentation for any reason, including:
- to reflect any changes in the way we operate our business;
- to reflect any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, subject matter or availability of the website;
- to accurately describe our ongoing data processing activities so that you are kept up to date with our latest practices;
- to notify you of any changes in the way we use cookies or similar information collection technologies; or
- to ensure that our documentation is and remains compliant with all applicable current and future laws, regulations and official guidance.
If required by law, we will notify you of any changes to these Terms of Use or the other documents referred to in them by posting a notice on the Website and/or by posting an updated version of these Terms of Use or other documents on our Website with a new effective date indicated at the beginning of them.
You should check these terms of use and any other documentation referred to in them each time you access our website to ensure that you are aware of the terms that apply to you at that time.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
In this document, the term "User" or "Users" means any person who accesses and/or uses the Site.
YOU ARE RESPONSIBLE FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE OR INTERNET CONNECTION:
You must ensure that any person who accesses our website on your computer(s) or device(s), or who is authorised or able to access our website on your computer(s) or device(s), or who uses your internet connection, is aware of these terms of use and any other documentation referred to in them, and that such persons also agree to be bound by and comply with these terms of use. If for any reason such persons do not agree to these terms of use, or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.
1. AVAILABILITY OF OUR WEBSITE
We make no representations or warranties in this regard:
- The Website will be available at any time or from any specific geographic location;
- Your access to the Website will be continuous or uninterrupted; or
- The website will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.
- We reserve the right to suspend access to all or part of the Website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to address any issues we become aware of. Where we anticipate that we will need to suspend access to the Website for a significant period of time, we will endeavour to provide you with prior notice where reasonably possible. Our Website is intended for users in France. Although the Website may be accessed from other countries, we make no warranty that our Website complies with any legal requirements in force in any jurisdiction other than France, nor that content available on the Website is appropriate for users in other countries or states.
2. DESCRIPTION OF SERVICES
Subject to the terms and conditions specified herein, the Company offers Users information regarding our products and allows Users to purchase those products through the Site. The Site also offers Users the opportunity to post reviews (or other user-generated content), establish an account, sign up for product waitlists, enter a contest or promotion, submit user feedback or comments, respond to optional surveys, contact customer service, or otherwise interact with the Site. Some of our services require Users to provide personal information, as described in our Privacy Policy.
3. CUSTOMER DATA
If we provide you with information about your account, such as a username, identification number, account code and/or password, you must keep this information confidential and secret and not disclose it to anyone. All account information is provided for the sole use of the account holder, and not for the use of any other person. You are responsible for all consequences of unauthorized access to your account due to disclosure of your account information to a third party.
Where we provide you with the opportunity to select your own login information, including a password, we recommend that you provide unique login information for your own use of this website, and that you do not use information from other accounts you may hold on other websites or any readily available information about yourself. You are responsible for all consequences of unauthorized access to your account due to disclosure of your login information to a third party.
You must never use another user's account without permission. When creating your account, you must provide accurate and complete information. You agree not to solicit, collect, or use the login credentials of others. We prohibit the creation of an account for anyone other than yourself, and you agree not to create one. You also represent that all information you provide to us during registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truthfulness and accuracy.
We reserve the right to terminate access to your account without notice for any actual or suspected violation of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information.
If you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosure of such information to a third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email.
If you wish to purchase products on the Site or obtain information regarding the Services, we or our e-commerce provider will obtain contact and payment information from you ("Customer Data"). Some payment and processing options may direct you away from the Site to a third-party site.
By providing Customer Data, you agree to: (i) these Terms of Use; (ii) provide true, accurate, current and complete Customer Data; (iii) maintain and promptly update Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, maintain the confidentiality of Customer Data; (vi) ensure that you properly exit from your account at the end of each session and immediately notify the Company of any unauthorized use of your account or any other breach of security; and (vii) assume full responsibility for all activities that occur under any Customer account created for your use.
The Company is not responsible for any loss or damage resulting from your failure to comply with the above requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your payment information, you grant the Company a perpetual, irrevocable, royalty-free, and non-exclusive license to use, reproduce, transmit and display such information in connection with the Company's performance of the Services to you.
4. ELIGIBILITY
This Site is intended only for users who are of legal age in their place of residence and any registration, use or access to the Site by anyone under the age of majority is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or Site, you represent and warrant that you are of the age of majority and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Use, or if you breach any agreement between you and us, or for any other reason, the Company may terminate your registration and any content or information you have posted on the Site and/or prohibit you from using or accessing the Services or Site (or any part, aspect or feature of the Service or Site), at any time, in its sole discretion. You agree that the Company shall not be liable to you or any third party for any termination of your membership.
5. PROPERTY RIGHTS
The Company retains all right, title and interest in and to the Services, and all data, information, content and materials provided on the Services. The Company further retains all right, title and interest in and to any processes, procedures, business methods and techniques used in connection with the Services, and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property and proprietary rights existing throughout the world ("Intellectual Property") in and to such Services. All content on the Site, including but not limited to designs, text, graphics, images, video, information, software, music, sounds and other files, and the selection and arrangement thereof (the "Site Content"), is our exclusive property, with all rights reserved. No content on the Site may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws, and applicable communications regulations and statutes. Unless otherwise expressly stated, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise.
6. INFORMATION AND CONTENT ON OUR WEBSITE PROVIDED ON A NON-TRUST BASIS
Our website is made available to you for the purpose of providing you with general information about us, our company and any products or services we offer from time to time. We do not make our website available for any other purpose except as expressly provided in these terms of use.
The content on our website is not intended to be construed as advice. You should not rely on the content on our website for any purpose, and you should seek your own independent professional advice before deciding to take any action based on, in whole or in part, any content available on our website at any time.
We make no representations or warranties, express or implied, that the content or materials available on our website from time to time are accurate, up-to-date or complete.
7. PERMITTED USE OF MATERIAL ON OUR WEBSITE
The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content on our website for any lawful, personal, private and non-commercial purpose, and you may also make the content on our website known to others within your organisation. You may not extract, reproduce or distribute the content on our website without our prior written consent.
When you print, download, share or otherwise transmit content from our website to third parties, you must not make any additions or deletions to or otherwise modify the text on our website, you must not alter or change any images, media or graphics on our website in any way, you must not remove any accompanying text from any such images, media or graphics, and you must ensure that all content transmitted to a third party is an accurate representation of the content as it appears on our website.
You are prohibited from using any robots, data mining, data copying technologies or any similar third-party tools to extract or reproduce any data or content from our website without our prior written consent.
Whenever you transmit any content or material from our website to anyone, you must acknowledge us as the authors of that content or material (or any other author where we have credited them) at the time you transmit that content or material.
8. CONTENT OF THE SITE AND PRODUCTS
We are not responsible if information on the Site is not accurate, complete or current. Any use of the material on this Site is at your own risk. Prices and descriptions of our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specific update to the Site should be taken to indicate that all information on the Site has been modified or updated.
Certain products may be available exclusively online through the Site and are subject to our Return Policy. Some products may be available in limited quantities. Although we have made every effort to display as accurately as possible the colors and images of our products that appear at the Site, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any product that we offer and to discontinue any product at any time.
We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9. USER SUBMITTED CONTENT
By providing information through the Site or social media links on the Site, including product reviews, photographs, comments or other submissions, you certify that your submission consists of original material to which you have all rights; that your submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any right that creates claims for misappropriation of ideas or right of publicity; that your submission does not contain any material that is abusive, vulgar, threatening, harassing, defamatory, obscene or known to be false; and that your submission does not contain any private or personally identifiable information about any third party.
You further acknowledge that your Submission becomes the sole property of the Company, that any Submission will not be returned or kept confidential, that the Company is not obligated to use or pay you for the Submission, that the Company may publish the Submission in perpetuity in all markets worldwide and in all media now known or hereafter discovered, including the Site; the Company may edit or remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use; the Submission may be edited for length, clarity and/or functionality; we may display your name in connection with the Submission; and your Submission may be shared with legal authorities if the Company believes it is justified or upon a verified request.
10. RECOMMENDATION PROGRAM
The Company may, at its discretion, provide you with the opportunity to refer customers to the Company in exchange for rewards for such referrals (“Referral Program”). By submitting referrals to the Company, you acknowledge that you have the right to make such referrals, that the referral does not violate the privacy or other rights of any third party, and that the referrals do not violate any of these Terms of Service. You further acknowledge that the Company may, in its sole discretion, terminate the Referral Program at any time. If the Company terminates the Referral Program, it will have no obligation to compensate you for the referrals and your right to make referrals will terminate.
11. PROHIBITED USES OF OUR WEBSITE
You agree to use the Site and the Service only for purposes that are lawful, proper and consistent with these Terms and any applicable laws, rules or regulations.
You must not reproduce, duplicate, copy or re-sell any part of our site or any content on our site except to the extent expressly permitted in these terms of use.
You must not, without our prior written consent, access our website or any part of it, our systems, hardware or equipment or the networks on which our website is hosted, any software we use to create or modify the website or to make the website available to you, or any hardware, equipment, networks, servers, software or technology owned or operated by us or by third parties.
You must use our website only for lawful purposes and in accordance with these terms of use. You must not use our website:
- for any illegal purpose or in any way violate any applicable laws or regulations, whether local, national or international;
- for any fraudulent purpose whatsoever;
- to engage in unsolicited or unauthorized advertising or direct or indirect marketing to any person by any means, or to send unsolicited e-mail, communicate or market to any person any goods, services or activities not authorized by us;
- upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code that may adversely affect the use or operation of the Website, our equipment or systems, or the computers, tablets, phones or other devices of any user or other third party, or download any content or materials containing any such content;
- to communicate with, harm or attempt to harm children in any way; or
- in any manner or for any purpose that violates these Terms of Use or the terms of any of the documents to which these Terms of Use refer.
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service;
- attempt to gain unauthorized access to the Site, the Service or computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or otherwise transmit through the Service any inappropriate, defamatory, infringing, obscene or unlawful content; upload, post, email or otherwise transmit through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party, unless you are the owner of such rights or have permission from the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Service any material that promotes pyramid schemes, chain letters, or disruptive commercial or advertising messages, or any other material prohibited by law;
- to run mailing lists, Listserv, or any form of auto-responder or "spam" on the Service;
- use any manual or automated software, device, or other process to "crawl" or "spider" any page of the Site, including to engage in "screen scraping," "database scraping," or any other activity to obtain content or other information;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including using framing techniques to enclose any Content or other proprietary information, placing pop-up windows on any pages of the Site, or otherwise affecting the display of any pages of the Site;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate any person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any material;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- use any robot, spider, or site search/retrieval application or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
- submit any Content that falsely expresses or implies that such Content is sponsored or endorsed by the Company, any of its affiliates, or any other third party;
- use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any European laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose to anyone any information obtained through the Service regarding any investment offering; or
- use the Service for any commercial purposes whatsoever, other than your personal use.
You must not provide us with any information about yourself if you are under 18, or about any other person:
- be under 18 years of age
- if they are aged 18 or over, where you have not received their prior written consent to provide us with information about them.
You must not provide us with information that is considered to be "sensitive personal information". "Sensitive personal information" is information about you or any other person that reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or that is genetic data, biometric data, information concerning your or their health, sex life or sexual orientation.
If you accidentally or intentionally provide us with such information, you will be deemed to have consented to our processing it on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
12. VIRUSES AND OTHER HARMFUL CONTENT
We do not guarantee that our website is free from viruses or other malicious software. However, we use reasonable efforts to prevent such viruses or bugs from being uploaded to our website. We are not responsible for any bugs or viruses on our website, or for any software that may be transferred to your computer from our website, or for any consequences that the presence or operation of such programs may have.
You must ensure that you have up-to-date and effective anti-virus protection on your computer or other browsing device.
You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, trojan horses, worms, logic bombs, time bombs, keystroke loggers or other harmful or malicious programs or code.
You must not use any third party, software or technology to attempt to gain unauthorized access to our website, servers, systems, hardware, software or data.
You must not attempt to carry out a denial of service attack on our website.
We may report any breach or suspected breach of this clause 12 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
13. LINKED SITES
The Site may contain links to other websites, applications, and resources. Links on the Site may allow users to leave the Site and access sites operated by parties other than the Company, including payment sites for services or other features. The Company does not endorse, and is not responsible or liable in any way for, the content, advertising, services, or goods available on or from such sites, applications, or resources. The Linked Sites are not under the control of the Company, and we are not responsible for the contents of any Linked Site or any link contained in a Linked Site that is not owned and operated by the Company, or any changes or updates to such sites. These links to sites operated by third parties do not constitute an endorsement, warranty or guarantee by the Company or any of its affiliates of any third party or their content, nor the existence of any partnership, joint venture, agency or other relationship between the Company or any of its affiliates and any linked third party or its content. The Company assumes no responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third party sites are not subject to our Terms of Use and Privacy Policy. You should carefully review their privacy statements and other terms of use.
14. LINKS TO OUR WEBSITE
You may not create a link to our website without our prior written consent.
Where you have obtained our consent to link to our website:
- you may provide links to our website on other websites owned by you, provided that such websites and the use of any link to our website comply with these terms of use;
- whenever you post a link to our website on another website, you agree to do so in a manner that is appropriate and not in a manner that is defamatory or disparaging of us, that misrepresents us or our business, or that causes us or our business any harm; and
- you must not create a link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, commercial relationship, approval or endorsement in relation to us, where none exists and, in any event, without having obtained our prior written consent.
We may withdraw permission to link to our website at any time. If we withdraw permission to link to our website and notify you of this, you must immediately remove or cause to be removed any link to our website.
15. DISCLAIMER
You understand that the processing and transmission of communications relating to the use of the Site or Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Accordingly, you agree that the Company is not responsible for the timeliness, deletion, misdelivery or failure to store any data, information or content transmitted by you through the Site.
The Company provides the Site and Services "as is" and "as available" without any warranties or conditions, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company specifically disclaims all implied warranties, including, without limitation, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
The Company makes no representation or warranty that (i) the Site or Services will meet your expectations or requirements, (ii) the Site or Services will be uninterrupted, timely, accurate, secure, complete, or error-free, (iii) any results or information that may be obtained from the use of the Site or Services will be accurate, timely, complete, or reliable, and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. The operation of the Site may be interfered with by numerous factors beyond the Company's control, including, but not limited to, disruptions in telecommunications networks. The Company is not responsible for, and will have no liability for, any failure of the Internet or any data or telecommunications equipment, systems, or networks used in connection with the Site or Services.
Although we have endeavored to create a safe and reliable Site, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of information contained on the Site, or the consequences of any reliance on such information. You must make your own decisions on these matters. The Company and its subsidiaries are not liable for any damages resulting from any delay or other failure in performance due to causes beyond its reasonable control, including, without limitation, acts of God, acts of the customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, severe weather, epidemics, war, riots, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
16. LIMITATION OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow some or all of the limitations of liability below to apply to you, the limitations will only apply to you to the maximum extent permitted by applicable law.
If you purchase goods or services from our website, different disclaimers may apply. These are contained in our terms and conditions of sale.
Subject to the foregoing, under no circumstances will we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) be liable to you under any circumstances for any losses, damages (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising out of, in connection with or relating to:
- Your use of our website;
- Any corruption or loss of data;
- Any inability to access our website, including, without limitation, any interruption, suspension or withdrawal of our website (for whatever reason);
- Any use you make of the content or materials on our website, including any reliance you place on such content or materials;
- Any loss of savings, profits, sales, business or revenue;
- any loss of reputation or goodwill;
- any loss of savings;
- any loss of chance or opportunity; or
- Any other secondary, consequential or indirect damage,
And even if we have been advised of the possibility of such loss or damage, without limitation, you assume and will be liable for the entire cost of all necessary servicing, repairs or corrections in the event of any loss, damage, costs, expenses, liabilities or penalties./p>
We are not responsible for any damage that you could have avoided by following our advice to apply an update that is offered to you free of charge or for any damage caused by your failure to correctly follow the installation instructions or to implement the minimum system requirements that we advised you.
You specifically agree that we are not responsible for any defamatory, offensive or illegal content or conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree that in the event that you suffer any damage, loss or injury resulting from or in connection with our acts or omissions, the damages caused to you will not be irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no right to prohibit or restrict the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us.
To the extent that any provision of this clause 16 (LIMITATIONS OF LIABILITY) is unenforceable as a pure exclusion of liability, it will be construed as a limitation of liability, limiting our liability to you to the maximum extent permitted by law.
In our company, its subsidiaries or its licensors, and their respective employees, agents, directors, officers and shareholders, are liable, with respect to any subject matter of this agreement (however arising, including negligence), for (i) any loss or corruption of data, lost profits, or any special, incidental, indirect or consequential damages, even if the company has been advised of the possibility of such damages or (ii) the cost of procurement of substitute goods, services or technology. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions apply only to the extent permitted by applicable law. To the fullest extent permitted by applicable law, the Company's aggregate liability to you or any third party in any circumstance is limited to the greater of: (a) the total fees paid by you or your Company for the Services during the twelve (12) month period immediately preceding the date a claim arises or (b) $100.
17. COMPENSATION
You (and any third party for or on whose behalf you operate an account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and expenses, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):
- your downloads, access to or use of the Website;
- your violation or alleged violation of these Terms of Use;
- your violation of any third party right, including, without limitation, any intellectual property, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authority, including, without limitation, all regulatory, administrative and legislative authorities; or/li>
- any false statement made by you.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and their respective employees, agents, directors, officers and shareholders, from and against any and all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising from (i) your use or misuse of the Site or Services, (ii) your violation or alleged violation of these Terms of Use, and (iii) your violation of any law, rule, regulation or the rights of another in connection with your use of the Site or Services.
You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
18. AGE RESTRICTIONS FOR USE OF OUR WEBSITE
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
19. TERMINATION
You agree that the Company, in its sole discretion and without notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend or terminate your account, in our sole discretion, for any reason, with or without cause or warning, and without liability. Upon termination of your account, the Company may delete and/or store, at its discretion, data associated with your use of the Site. Upon termination, the Company shall have no further obligation to you.
20. MISCELLANEOUS
This Agreement constitutes the entire agreement between you and the Company with respect to your access to and use of the Site and Services and supersedes all prior and contemporaneous agreements between you and the Company. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision shall be construed in accordance with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 10-14 shall survive any termination of these Terms of Service.
This Site is intended for visitors residing in Europe. However, given the global nature of the Internet, the Site may be accessed by visitors residing outside of Europe. We make no representation that the Site is appropriate or available for use in locations outside of Europe. Visitors who choose to access the Site from outside of Europe do so on their own initiative and are not responsible for compliance with any local laws and regulations that may apply to such access.
21. ASSIGNMENT
The Company may at any time assign these Terms of Service to a subsidiary or parent company or to a successor in business in connection with a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. If any provision of these Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and will remain in full force and effect.
For any questions or comments, or to report violations of this Agreement, including receipt of spam from a User, contact the Company by sending an email with "Terms of Service" in the subject line of your email.