– “Platform” means OilRegistry website, including all related sites, subdomains, staging pages and temporarily sites which display and make available any of the direct or indirect Services (as defined below).
– “Company” means Gravity Consulting LLC, a business operating solely online via the Platform.
– “Services” means the Platform, access to the Platform’s functionality and features of the Platform, as well as explicit marketing, advertising or otherwise displaying services.
– “Platform”, “we”, “us”, “our”, “ours”, “Us” means Gravity Consulting LLC entity you are entering into agreement with, and is located at ADDRESS HERE.
– “Listers” means outside parties who are not representing or in general not part of the Gravity Consulting LLC or the Platform, who can view, contact Users and other Listers utilizing the Platform and in addition create content and/or publish on the Platform.
– “Advertiser” means outside party who are not representing or in general not part of the Gravity Consulting LLC or the Platform, whose content may be displayed from time to time through published advertisement content, and who may or may not be Users or Listers. We may, at our discretion and from time to time, place advertisement products of our services or Advertiser content.
– “Profile” means published information about Lister’s good, service, location, description, contact information or other Lister-created content.
– “User” means registered party who can view content created by us, Listers and contact us or Listers, but cannot create listings or act in a capacity of a Lister.
– “Participant”, “Participants” “You”, “you”, “your”, “yours” means any registered party who created an account on the Platform or a visitor to the Platform.
– “Participant Content” means any posted, sent, stored, received, created, uploaded, generated, displayed information unit such as image, text, number, video, audio, animated image, logo, details, information, and other materials that is created by the Participant and made available or accessible via the Platform.
– “Platform Content” means any posted, sent, stored, received, created, uploaded, generated, displayed information unit such as image, text, number, video, audio, animated image, logo, details, information, and other materials that is created by the Platform that may or may not be protected by the applicable copyright, trademark, intellectual property or other United States or International laws.
1. The Platform is an online-exclusive directory, advertising and content-generation service that allows users (who maintain active registration) to view and contact Listers regarding goods or services Listers may offer.
2. We only provide, create and maintain the Platform. We do not create, own, make, sell, broker, provide, resell, manage, offer, supply, deliver or control in any manner any Profiles or any data that is available through any Listings and certain advertisement content. Listers are solely responsible for their Profiles. Advertisers are solely responsible for their content.
3. When Members may view and interact with the Profile, Members are interacting directly with the Lister. The Platform is not and does not become a party to or otherwise act as any participant in any relationship between Member and a Lister, nor the Platform is a broker or facilitator or an agent or provide any endorsement of any relationship of any kind, nor the Platform is acting in any capacity for any Member, Lister or Advertiser except as otherwise described in this TUSA. Listers, Users and Advertisers shall always
4. We will not mediate, be party of, participate or otherwise interact with any disputes that may arise between Members, Listers and Advertisers. The Platform has absolutely no control over these interactions and does not guarantee (i) the accuracy, the availability, the validity, the verifiability, the truth of any information or content contained on the Platform, or (ii) the performance, the responsiveness, the existence, the suitability, the conduct, the legality, the completeness of the Participant Content or the Platform Content.
5. We will not endorse, side with, certify or otherwise guarantee the identity or any information of any Lister, User or Advertiser. Any party visiting or registering on the Platform shall always exercise, perform necessary verifications and exercise due care and diligence when interacting with any content available on the Platform or interacting with any Member, Lister or Advertiser.
6. In order to enable certain functionality within the Platform, the Platform may contain logos, content, resources and content (“Third Party Functionalities”). Whenever practical and applicable, these Third Party Functionalities will be subject to that Third Party Functionality owner terms, conditions, privacy and use policies without limitation. The Platform is never liable or responsible for the completeness, methods, accuracy, availability of such Third Party Functionalities. Any references of the Platform to these Third Party Functionalities are not supported by or endorsed by of any way or kind by the Platform of such services.
7. The Platform accessibility and availability cannot be guaranteed due to the nature of the Internet, hosting and or domain services we employ. We may, at our sole discretion, restrict availability of the Platform for any reason at any time. Due to the nature of the hosting services, the hosting provider may or may not provide continuous site accessibility. In order to ensure Platform usability, Users, Advertisers and Listers may have access to certain features, links and areas. We may, from time to time, develop and implement certain site modifications, enhancements and improvements.
8. To use and access the Platform, or create an account on the Platform, Users, Listers and Advertisers must be(i)interested in searching, viewing, contacting, creating, and displaying content, (ii) of at least 18 years old or lawfully organized entity such as an existing and registered business, organization and company, (iii) enabled to enter into agreements, express interest and otherwise contact and be contacted while in good standing under the laws of the city, county and country of establishment, operations or registration, (iv) representing and warranting absolute compliance with applicable laws and regulations of the local jurisdiction, guaranteeing that not involved in any business dealings or otherwise located at the jurisdiction of countries subject to U.S. Government embargo or otherwise identified by the U.S. Government as a “terrorist supporting” country, or listed in any and all U.S. Government lists of restricted, prohibited or sanctioned persons, organizations and parties.
9. In order to use the entire functionality of the Platform, including access to features and pages accessible to specific user groups, Participants must create an account on the Platform. If any Participant is registering an account whilst representing a legal entity such as business, organization or a company, such Participant fully warrants that this individual has the authority to legally enter into the agreement and grant the Platform all permissions, licenses and rights set out in these TUSA.
10. Any Participant at any time may register an account with the Platform by providing e-mail address, password and the legal entity such Participant is representing. While registering an account and during the interaction with the Platform, Participant shall provide complete, accurate, current and verifiable information, and update it accordingly in order to maintain most current and up-to-date user account and applicable Profile(s) at all times.
11. Participant shall only register one account. However, any Lister may register several Profiles in the event of multiple Lister locations. In the event multiple accounts need to be registered, any Participant shall seek prior authorization from the Platform. Unless approval is granted by the Platform in advance, Participant shall not transfer or otherwise assign their account to another party.
12. The Platform or any other Participant shall never request account credentials. Each Participant must exercise due diligence to protect and secure the account login credentials. Participants are fully liable for any and all activities, actions and decisions conducted using the account, including but not limited to creation of Profiles, contacting other members and purchasing Services. Should any Participant become aware or otherwise suspect unauthorized usage of an account, such Participant shall notify the Platform immediately and request an account reset that may delete or reset any Profiles and content created. Participant’s account, any and all Profiles, or other content can be terminated at any time, with or without notice at any point of the Platform use by the Platform in Platform’s sole decision.
13. Furthermore, any visitor or Participant is strictly warrant and agree not to: (i) use information provided by the Platform in making any purchase-related decisions or commercial decisions that will result in any current or future expenditures (except for the decisions solely for the purchases on the Platform); (ii) change, reproduce, distribute, modify, display or otherwise provide access to, create derivative works from, decompile, disassemble, mimic or reverse engineer any portion of the Platform, except as explicitly permitted under these TUSA or otherwise authorized by the Platform; (iii) edit with the purposes of modification and removal of any copyright or other intellectual property notices regardless of purpose, without the consent of the Platform; (iv) use the Platform in any way that is unlawful, or harms the parties including but not limited to the Platform, its service providers, suppliers, or any other Participant; (v) distribute, publish or post calls to action, unsolicited spam, click bait, chain letters, fake or alarming news, pyramid schemes, advertisement (except as permitted otherwise by the Platform) or similar communications via the Platform; (vi) impersonate another person, organization or Participant, or misrepresent affiliation with another person, organization or Participant; (vii) upload invalid data, copyrighted material that the Participant has no authorization to use, malicious scripts, viruses, worms, crawlers, fishing, scamming or other software agents to the Platform; (viii) attempt to hack, interfere with, manipulate the code of, compromise the Platform integrity or security, or otherwise bypass or make available any measures used to prevent or restrict access to the Platform; (ix) conduct manual or automated queries (including screen shots, screen scraping, database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Platform) on the Platform as the Platform has a legitimate interest in protection from abusive automated crawling and spam; (x) use any of the Platform trademarks without explicit authorization, including but not limited to using them as part of any business name, domain, user name, screen name or email address on the Platform; (xi) access or use any part of the Platform to develop competitive platforms, service offerings, products and advertisement; or (xii) attempt to, instigate, authorize, direct, permit or encourage any third party to, do any of the above; (xiii) break, breach or circumvent any applicable national, state or other governmental or specific organizational policies, laws or regulations, agreements with third-parties, third-party rights, or terms; (xiv) download, copy, store or otherwise access or use any information, including personally identifiable information about any other visitor or Participant, contained on the Platform in any way that is inconsistent with TUSA or other related terms that otherwise violates the privacy rights of users or third parties; (xv) unless the Platform explicitly permits otherwise, create or manage any Profiles if you will not actually be performing services yourself; (xvi) use the Platform to circumvent any Fees or for any other reason; (xvii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior; (xviii) use for criminal purposes, misuse or abuse any Profiles or services associated with the Platform; (xix) mimic, use, display, mirror or frame the Platform or content, script, design, functionality, or any individual element within the Platform, trademark, logo or other proprietary information, logic or the layout and design of any page, Profile or form contained on a page in the Platform, without Platform’s express written consent; (xx) degrade, dilute, demean, tarnish or otherwise harm the Platform brand in any way, including through unauthorized use of content, registering and/or using the Platform, or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the Platform domains, trademarks, logos, taglines, slogans, promotional campaigns or Content; (xxi) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by the Platform or any of the Platform’s providers or any other third party to protect the Platform; (xxii) create, upload, submit, transmit, publish, post any content or portion thereof without limitation that is misleading, false, fradulent, illegal, deceptive, illusory or otherwise not true either by intent or by omission or failure to update information, vulgar, pornographic, obscene, defamatory, offensive, vulgar, indecent distasteful, tawdry, or otherwise promoting racism, misotheism, hatred, harassment, bigotry, harm to any group or any individual, illegal, hateful, harmful, violent, threatening or promoting other actions that may threaten any person, group, organization or animals, (xxiii) Contact Participants with the purposes other than seeking clarification or obtaining more information about their services and products. Participants are explicitly prohibited to contact other Participants in order to solicit their information for the marketing, advertisement or other services intended to make them to make unsolicited purchase.
14. The Platform fully respect the proprietary and intellectual laws and regulations. Participants also agree and warrant that they fully respect the proprietary and intellectual laws and regulations and will refrain from infringing on copyrights of lawful owners and applicable third parties.
15. At its sole discretion, the Platform may grant revocable and temporary right to the Participants to create Profiles and in doing so (i) search, access, view and browse any Participant Content or Platform Content, (ii) create, post, make available or otherwise display Participant Content though the Platform.
16. Any visitor or Participant acknowledges and agrees that Platform Content or Participant Content (or,collectively“PCPC”) may be subject to applicable copyright law and be subject to applicable intellectual property law. PCPC content is the property of the Platform and its Participants and affiliated third parties. Visitors and Participants agree not to alter, download, infringe on, remove, obscure, screen shot, mimic, modify, prepare derivative works of, adapt, transfer, publicly display or sell, broadcast, remove, impersonate obscure, license, adapt, transmit, or use in any other unauthorized manner any trademark, proprietary right notice, including but not limited items marked with ™ , ® , ©, watermark, logo and other markings identifying ownership, except if such Participant is the legal and lawful owner of such materials.
17. By posting, sending, submitting, storing, receiving, creating, uploading, generating, displaying information unit such as image, text, number, video, audio, animated image, details, information, and other materials, Participant and visitor warrants and agrees that (i) Participant or a visitor is solely and unanimously responsible for all Participant Content that is posted, sent, submitted, stored, received, created, uploaded, generated, displayed or otherwise made available on or via the Platform, (ii) Participant or a visitor represent and warrant that such Participant or a visitor either is the sole and exclusive owner of all Participant Content that is make available on or via the Platform or Participant or a visitor has all of the rights, authorizations, licenses, permissions, consents, approvals and releases that are necessary to grant the Platform the rights in and to such CPCP as described under these TUSA and other policies; and (ii) by posting, sending, submitting, storing, receiving, creating, uploading, generating, displaying the PCPC or any part thereof appear to or will misappropriate, infringe, made claims to or violate any third party’s trademark, patent, copyright, trade secret, rightful claims, moral rights or other intellectual property rights, proprietary rights, rights of publicity, rights of privacy, or result in the violation of any pertinent laws, policies, provisions, regulations or rules.
19. Visitors and Participants acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral and legal rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
20. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the“IP”)and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The IP and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these TUSA and other policies and provisions, no part of the Platform and no IP or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
21. In turn, provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the IP to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the IP and the Marks.
Handling and Resolution of Disputes
22. You must be a registered Participant in order to bring forth and communicate a disagreement on a point of law or opposition of legal views between Platform and a Participant (“Dispute”).
23. If the Platform and Participants (together as “Parties”) are unable to resolve a Dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. PARTICIPANTS UNDERSTAND THAT WITHOUT THIS PROVISION, PARTICIPANT WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Harris County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
24. If for any reason, a Dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Harris County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these TUSA. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
25. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures or to have a representative proceedings; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
26. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The information provided by the Platform is for general informational purposes only. All information on the Platform is provided in good faith by us or Participants, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Platform. The Site cannot and does not contain any kind of professional, legal, commercial or other advice or a third party endorsement. The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
1. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM OR RELIANCE ON ANY INFORMATION PROVIDED ON THE PLATFORM. YOUR USE OF THE PLATFORM AND YOUR RELIANCE ON ANY INFORMATION ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.
2. THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
3. 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 PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:(1)use of the platform; (2) breach of these TUSA; (3) any breach of your representations and warranties set forth in these TUSA; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
5. For California-based users, visitors and Participants: if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
6. In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please use “Contact Us” form.
7. These TUSA and your use of the Platform are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
USER DATA, ACCESS, TERM AND TERMINATION
1. We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. 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 Platform. 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.
2. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
5. Country-Specific deviations: Russian Federation. You, or your designated parties, remain operators of Personal Data submitted for processing to the Platform and are responsible for determining if you will be able to comply with applicable Russian privacy law in use of the Services which involve processing of Russian citizen’s Personal Data and whether the Services can be used inside or outside the Russian Federation. If you are not able to comply with the applicable Russian privacy laws, you are prohibited from using the Platform and the Services.
6. Country-Specific deviations: Philippines. You may claim compensation as finally awarded by the National Privacy Commission or the courts if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject. If you are the subject of a privacy violation or personal data breach, or are otherwise personally affected by a violation of the Data Privacy Act, you may file a complaint with the National Privacy Commission.
1. These TUSA and any policies or operating rules made available by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these TUSA or any other our policies shall not operate as a waiver of such right or provision. These TUSA and any our policies 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 TUSA and any our policies is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these TUSA and any our policies 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 TUSA and any our policies or use of the Platform. You agree that these TUSA and any our policies 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 TUSA and any our policies and the lack of signing by the parties hereto to execute these TUSA and any our policies.
2. There may be information on the Platform 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 Platform at any time, without prior notice.
3. We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these TUSA and any our policies; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these TUSA and any other policies, 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 PCPC or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform 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 Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
4. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform 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 Platform.
5. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, hosting, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these TUSA or any our policies will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
7. The Platform may contain (or you may be sent through the Platform) links to other websites or content belonging to or originating from third parties or links to websites and features in Profiles, banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE PLATFORM OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.