From time to time and at its sole discretion, Company may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the WEBSITE.
- Purpose. Our Website is provided to you for leisure purposes only, and the information and any other content provided under it should be taken as such (and in order to remove any doubts, should not be based upon in making any decisions, nor reflecting or otherwise implying anything about yourself and/or anyone else).
- No Warranties. We do not make any warranties and/or representations regarding any information and/or content presented on the Website. Furthermore, we do not review any content presented on the Website.
- Use of Website
- You acknowledge that any rights granted to you herein, are non-exclusive, such that any use of the content offered to you and/or make available to you via the Website (including ANY USER GENERATED Content, if applicable), is subject to the herein terms.
- Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national and international laws and regulations in regards to your use of the Website. For the avoidance of doubt, the ability to access our Website does not necessarily means that your use thereto is legal under relevant laws, regulations and directives.
- Additional Guidelines. In addition to the foregoing, when creating the Output Content and/or otherwise using the Website, you will strictly adhere with the Website guidelines published by the Company from time to time (the “Website Guidelines”), which are currently as follows:
- Browse, surf, process, scan or use the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
- Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
- Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Website;
- Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
- Promote advertisements or disruptive commercial messages;
- Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Website and/or any components thereof (including any Company Content, User Content, or other users’ content) and/or act to collect, harvest and/or data mine any data associated with the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, etc.;
- Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
- Intimidate, threaten, harass or abuse anyone in any manner;
- Steal or attempt to steal passwords or other private information from other users of the Website;
- Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which deems to infringe any third party proprietary rights (including the Company’s rights); and
- Ownership. All rights, title and interest in and to the Website, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to the Company (“Company Content”). In the event that the Company Content is licensed to the Company, then such content might be subject to additional restrictions by its owners.
- Privacy and Data Protection
- Limited Warranties
- THE WEBSITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
- SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE Website (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE WEBSITE (IF PAID) OR $100.
- WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.
- Governing Law; Class Action Waiver
- Subject to any applicable law, all disputes between you and the Company shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
- Contacting Us
If you have cause to believe any content found in the Website to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to Noa.email@example.com, stating the violating content and the nature of violation.