Terms of Service

 

PLEASE ENSURE THAT YOU TAKE THE TIME TO READ THESE TERMS OF SERVICE CAREFULLY. TO COMPLETE YOUR ORDER FOR THE PRODUCT AND OR SERVICE YOU’VE REQUESTED, YOU MUST FIRST READ AND ACCEPT THE TERMS LAID OUT BELOW. SUBMISSION OF YOUR ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS.

Terms Of Service

Please read the terms of service (Terms of Service) set forth below, as they apply to your access and use of our services, including our website (site), online and offline applications or application plugins running on any platform or device (Applications), application programming interfaces (APIs), email notifications (collectively referred to as Services), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content).

By accessing and using the Service you signify your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

In these Terms of Service, the words “you” and “your” refer to each customer, client, Site visitor or Application user. “We”, ”us”, “our” and “Takedown Czar” refer to Takedown Czar Limited, a limited liability company registered in Hong Kong, having its principal place of business at Room 2301, 23/F., Bayfield Building, 99 Hennessy Road, Wanchai, Hong Kong.

If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship or other legal entity (entity), you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorised representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.

OUR SERVICES ARE NOT INTENDED FOR MINORS. YOU AGREE THAT BY USING THE SITE, APPLICATIONS AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Other Applicable Terms

These Terms of Service refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services:

Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Takedown Czar account, which you may not be able to opt-out from receiving; and

Our Payment Terms, which set out the additional terms of users of our paid and subscription based services.

Information About Us

Takedown Czar provides online piracy protection services, copyright infringement monitoring, intellectual property management, trademark and brand protection services.

We are not lawyers, a law firm or barristers chambers and may not perform services performed by a lawyer, solicitor or barrister. We do not provide legal advice. You should always consult a lawyer to get certainty of your legal rights and obligations.

By using or ordering Services from us, you acknowledge and agree that we send DMCA Takedown notices, copyright infringement notifications and other correspondence to websites, hosting companies, internet service providers (ISPs) and payment processors on your behalf. All correspondence with websites that appear to infringe upon the rights of your intellectual property are sent by us on your behalf only as your non-exclusive agent.

You shall indemnify us against any and all losses and expenses, including for all attorneys’ fees and other costs, relating to acting on your behalf or if you are in breach of the sworn statement (see clause 4.2), representation and warranty, as a result of us acting on your behalf.

By using or ordering Services from us, you acknowledge and agree that we are not performing legal for you. Your use of our Services does not and will not create a lawyer-client relationship between you and us. By using or ordering Services from us, you acknowledge, understand and agree that the employees, agents and affiliates of Takedown Czar are not acting as your lawyer, barrister or legal representative.

By using or ordering Services from us, you acknowledge and agree that we will not under any circumstances give legal advice or counsel to you as to your legal rights or legal responsibilities.

By using or ordering Services from us you acknowledge and understand that we cannot represent you in court, formal administrative adjudicative proceeding, or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review. By using or ordering Services from us you acknowledge, understand and agree that Takedown Czar, or its employees will not engage in the negotiation of legal rights or responsibilities on your behalf.

Sworn Statement

In order to conduct this work on your behalf, you are required to sign, digitally or by hand, a sworn statement confirming the authenticity of the customer’s claim to content ownership and use authorization.

The statement reads: I swear under penalty of perjury that I have reasonable good faith belief that use of the material in the manner specified above is not authorized by me, the company I represent, its agents, or the law. The information provided herein is accurate to the best of my knowledge. I hereby authorize Takedown Czar to act as my/our non-exclusive agent for this copyright infringement notification process.

This sworn statement provides DMCA Services and its employees and representatives’ the authority to process action on their behalf.

Services may be withdrawn at any time without notice if the conditions of this statement are found to be false or if the customer does not have the authority to swear a statement in regards to the content involved in the submitted action.

All customers are required to sign the sworn statement.

For multiple actions signing the sworn statement for the first one will act as permission for all subsequent actions. Payment of actions will confirm sworn statement.

Payment Terms

You acknowledge and agree that Takedown Czar charges a fee for one time services, or charges monthly recurring fees, for your purchase of subscription plan(s). You understand and agree that, through your purchase of a subscription plan, you authorise us to bill your payment method on a monthly basis until you provide us with a request to terminate your subscription plan in writing. You accept responsibility for all recurring charges prior to the cancellation of your subscription plan, and we will not provide you with a refund for a prorated amount upon the cancellation of your subscription account.

All costs and fees are quoted and payable in United States Dollars.

All payments made to us are nonrefundable.

If at any time the financial condition of the Customer so warrants, or if Customer fails to make any payment(s) when due, or if Customer defaults on any obligation to Takedown Czar, we may at its discretion and without liability alter the terms of payment, delay or suspend delivery of any Service pending receipt of payment in full, and/or pursue any other remedies available under this Agreement, at law or in equity. If we suspends the delivery of the Service, a re-connection fee may apply.

If you wish to cancel your subscription we require a 30 day notice period. Your cancellation request should be submitted in writing. Service will continue throughout the 30 day period up until the cancellation date.

You agree that you will not initiate any chargebacks to Takedown Czar unless otherwise authorised by us in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against us.

Changes Of Terms

We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. 
By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. If you do not agree to the Terms of Service, now or at any time, please do not use the Site or any Applications.

Changes To Our Services

The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.

Accessing Our Services

We make every effort to ensure that our Services are always available but we cannot guarantee that Services will not be interrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. We may suspend, withdraw, discontinue or change all or any part of our Services without notice.

You are responsible for making all arrangements necessary for you to have access to our Services.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

Your Account And Password

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Takedown Czar cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at info#@#takedownczar.com.

Your license To Use The Services

Takedown Czar gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Takedown Czar, in the manner permitted by these Terms of Service.

Our Intellectual Property Rights

All intellectual property rights subsisting in respect of the Services belong to Takedown Czar or have been lawfully licensed to Takedown Czar for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

Agreement to Resolve Disputes by Binding Arbitration

Please read this summary carefully. It affects your rights.

Customer queries can normally be resolved quickly and satisfactorily by emailing us at info#@#takedownczar.com. In the unlikely event that we are unable to resolve your complaint to your satisfaction (or if Takedown Czar has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court.

Arbitration is less formal than court proceedings and uses a neutral arbitrator instead of a judge. Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

Takedown Czar and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

(a)  claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
(b)  claims that arose before these or any prior Terms of Service (including, but not limited to, claims relating to advertising);
(c)  claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d)  claims that may arise after the termination of these Terms of Service.

For the purposes of this Arbitration Agreement, references to “Takedown Czar”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorised or unauthorised users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Service, you and Takedown Czar are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action. This arbitration provision will survive termination of these Terms of Service.

A party who intends to seek arbitration must first send, by registered mail, a written Notice of Dispute (Notice) to the other party. A Notice to Takedown Czar should be addressed to: Room 2301, 23/F., Bayfield Building, 99 Hennessy Road, Wanchai, Hong Kong (Notice Address). Your address for notice will be your billing address. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (Demand). If Takedown Czar and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Takedown Czar may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Takedown Czar or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Takedown Czar is entitled.

The arbitration shall be governed by the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be the Hong Kong International Arbitration Centre. The place of arbitration shall be Hong Kong at the Hong Kong International Arbitration Centre (HKIAC). There shall be one arbitrator. The language to be used in the arbitral proceedings shall be English.

The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Takedown Czar AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

If the amount in dispute exceeds US$50,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by HKIAC by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to HKIAC rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding.

Notwithstanding any provision in the applicable Terms of Service to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any contact details or address for Notice), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

Limited Liability And Warranty

Please read this section carefully since it limits the liability of Takedown Czar and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of Takedown Czar). We give you no warranty or assurance about this Site, our Applications or Content.
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTITIES OF TAKEDOWN CZAR MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE ENTIRE LIABILITY OF THE ENTITIES OF TAKEDOWN CZAR ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF TAKEDOWN CZAR EXCEED THE AMOUNT PAID TO TAKEDOWN CZAR, IF ANY, IN THE PRECEDING 12 (TWELVE) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. 


The Entities of Takedown Czar shall not guarantee or assume any responsibility that:

The information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference.

The information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment.

Messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss; access to the Services will be available or be uninterrupted.

Use of the Services will achieve any particular result; or defects in the Services will be corrected.

Without limiting the generality of the foregoing, in no event will the Entities of Takedown Czar be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of Takedown Czar has been advised of the possibility of such loss or damages.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.

Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at info#@#takedownczar.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

Content On The Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Inappropriate Content

When accessing the Site, any Applications, or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

is libelous, defamatory, abusive or threatening; or advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.

Takedown Czar will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

Content Copyright Policy

Takedown Czar respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is info#@#takedownczar.com.

Use Of The Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services , to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Takedown Czar its users and the public.

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Takedown Czar’s computer systems, or the technical delivery systems of Takedown Czar’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Linking To Us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Third Party Links And Resources In Our Site

The links from the Services may take you to other sites or services and you acknowledge and agree that Takedown Czar has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Takedown Czar on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Takedown Czar and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Several Users

If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Termination

The Terms of Service will continue to apply until terminated by either you or us as follows.

You may end your agreement with us for any reason by deactivating your accounts and discontinuing your use of the Services.

We require a 30 day period of notice that you wish to discontinue your use of our Services and deactivate your account as stipulated in clause 6.5.

If you choose to deactivate your account, your account will be archived but open for reactivation at any time.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 4 (Changes to Our Services).

Governing law And Jurisdiction

Any legal action or proceeding relating to your access or use of the Site, an Application or Services generally is governed by clause 9 (Agreement to resolve disputes by binding arbitration). These Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

Last updated: 6th June 2018