TERMS OF SERVICE
1. Legally Binding Agreement; Amendments
1.1. These Terms of Service ("Terms") govern your relationship with the Laverly mobile application ("Service") operated by DERRIBAR VENTURES LTD ("us", "we", or "our" and any other declension).
1.2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.
1.3. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
1.4. These Terms contain disclaimers of warranties and limitation of liability below.
1.5. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms or you are ineligible for use of the Service for any of the reasons described in these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
1.6. Supplemental terms, policies or documents that may be posted at the Service from time to time are hereby expressly incorporated in these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.7. We will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.
1.8. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
2. Use of Service; Age Restrictions
2.1. The Service is an international online dating site designed to help its users build meaningful and long-lasting relationships.
2.2. You use the Service at your own risk and responsibility and are solely and exclusively responsible for the use of the Service. We will not be liable for any of your actions done using the Service.
2.3. The Service may be modified, updated, interrupted or suspended at any time without notice or liability to you.
2.4. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
2.5. Those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.6. The Service is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must not use or access the service at any time or in any manner.
2.7. Membership in the Service is void where prohibited by law. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by these Terms. At your registration with the Service, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your registration will be terminated immediately (without prejudice to the generality of other provisions of these Terms), and the Service reserves the right to take any all legal action against you to enforce its rights and to refuse to make any refund of any unused or used funds in your account.
3. Intellectual Property Rights; License
3.1. Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Service (collectively, "Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content and the Marks are provided at the Service "AS IS" for your information and personal use only.
3.2. Except as expressly provided in these Terms, no part of the Service and no Content 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.
3.3. Provided that you are eligible to use the Service, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Service on wireless electronic devices owned or controlled by you, and to access and use the Service on such devices strictly in accordance with these Terms.
3.4. The license granted to you for the Service is limited to a license to use the application on a device that utilizes the iOS operating system and in accordance with the usage rules set forth in the applicable Apple App Store terms of service.
4. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for complying with any and all rules and restrictions governing the use of any public or shared computer, and we shall not be liable for any violations by you of such rules and restrictions. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted or otherwise protected or secured. We shall not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
5. User Representations
5.1. By using the Service, you represent and warrant that:
5.1.1. you have the proper legal capacity and you agree to comply with these Terms;
5.1.2. you are not under the age of 18;
5.1.3. you are not a minor in the jurisdiction in which you reside;
5.1.4. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
5.1.5. you will not use the Service for any illegal or unauthorized purpose;
5.1.6. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
5.1.7. you are not listed on any U.S. government list of prohibited or restricted parties; and
5.1.8. your use of the Service will not violate any applicable law or regulation.
5.2. If you are under 18 years age or under the age of majority, you are not permitted to use the service.
5.3. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
6. User Content
6.1. You are solely responsible for the information, communications and content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Users or Members (“User Content”). You will not post on the Service, or transmit to other Users or Members, any objectionable, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Service or to any other User or Member. If information provided to the Service, or another User or Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify the Service of such change and you will take all reasonably necessary measures to correct the information.
6.2. You understand and agree that we reserve the right, but have no obligation, to have access to and monitor any and all User Content. We have the right, but have no obligation, to remove any User Content.
6.3. The Service reserves the right to remove any User Content for any reasons. The following is a list of examples of User Content that is illegal or prohibited on the Service:
6.3.1. is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
6.3.2. promotes information that is objectionable, false, defamatory, discriminatory, misleading, or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, discriminating, defamatory or libelous;
6.3.3. inflammatory religious commentaries or inaccurate or misleading quotations of religious texts;
6.3.4. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
6.3.5. realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence;
6.3.6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
6.3.7. false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers;
6.3.8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
6.3.9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
6.3.10. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or
6.3.11. has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material.
7. Prohibited Activities
7.1. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
7.2. As a user of the Service, you agree not to:
7.2.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
7.2.2. make any unauthorized use of the Service;
7.2.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
7.2.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
7.2.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
7.2.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
7.2.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
7.2.8. circumvent, disable, or otherwise interfere with security-related features of the Service;
7.2.9. engage in unauthorized framing of or linking to the Service;
7.2.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
7.2.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
7.2.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
7.2.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
7.2.14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
7.2.15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
7.2.16. exploit children in any way, including audio, video, photography and any other digital content;
7.2.17. promote information and/or conduct that is objectionable and abusive and any other kinds of information and conduct that is prohibited under these Terms;
7.2.18. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
7.2.19. use the Service in a manner inconsistent with any applicable laws or regulations; or
7.2.20. otherwise infringe these Terms.
8. Member Disputes
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, us in connection therewith.
9. Payments; Billing and Refunds
9.1. Once you have downloaded and installed the mobile application for the Service, you can easily browse profiles for free. However, to access our premium features – for instance, view private photos, chat with our members, exchange contact details, order a gift delivery – you will need to purchase credits in separate packages. Such purchases function as an "in-app" purchase options.
9.2. Payments for the purchases (regardless of the value and quantity) will be processed by Apple App Store. You may access the applicable "in-app" purchase rules and policies directly on Apple App Store.
9.3. Cost of Service:
9.3.1. 2 credits for 1 minute in chat;
9.3.2. 5 credits for 1 sticker;
9.3.3. 10 credits for 1 photo;
9.3.4. 10 credits for 1 voice message (free listening afterwards);
9.3.5. 50 credits for 1 video viewing (free viewing afterwards).
9.4. If you believe that using of the Service has not met your expectations, or you would like to request a refund for any particular reason, please contact us via the Service or at [email protected]
10. Non-commercial use by users
The Service is for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
11. Third-Party Content
11.1. The Service may contain (or you may be sent via the Service) links to other mobile applications and websites ("Third-Party Resources") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
11.2. Such Third-Party Resources and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Resources accessed through the Service or any Third-Party Content posted at, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Resources or the Third-Party Content.
11.3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Resources or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Resources or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
11.4. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Resources will be through other mobile applications or websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
11.5. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Resources and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Resources.
11.6. We allow advertisers to display their advertisements and other information in certain areas of the Service. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
12. User Data
13. Term and Termination
13.1. These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE, WITHOUT WARNING, IN OUR SOLE DISCRETION.
13.2. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Customer Service
14.1. We provide assistance and guidance through customer care representatives. We may, from time to time, create profiles which are created, maintained, and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features, and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and, in the event that you opt to communicate or interact with a Staff Profile, you will be made aware of the nature of this Staff Profile.
14.3. By providing your phone number, you consent to receive autodialed or prerecorded calls from us at the phone number that you have provided to us, including any mobile telephone number and/or a number listed on any do-not-call list, to: (a) facilitate conversations between you and other Users and/or Members; or (b) otherwise provide our Services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Service. Standard telephone minute charges may apply. We may, without further notice or warning, and in our sole discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights, and you expressly consent to such monitoring.
14.4. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time not in compliance with the previous sentence, we reserve the right to immediately terminate your membership (without prejudice to the generality of other provisions of this Agreement).
15. SUPPLIERS, VALIDATED MEMBERS
15.1. To provide the Service, we purchase services from various local service providers (collectively, "Suppliers"). Among other services provided, Suppliers:
15.2. act as "introducers", that is, refer female members to us for registration on the Service (“Validated Members”);
15.3. provide all of the information and materials on the Validated Members that is displayed on the Service (including name, other personal details, photographs, videos etc.) as well as a copy of the Validated Members’ identification document; and
15.4. purchase and deliver flowers and other goods ordered by other members via the Website as gifts to the Suppliers’ Validated Members;
15.5. collect the Validated Members’ paperwork, including the consent to the exchange of contract details with other members.
15.6. The Suppliers are independent contractors and are not our agents or employees. We are not responsible for the quality of Suppliers’ services, the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services, or partial or inadequate delivery of services.
15.7. If you would like to learn whether a certain Member is a Validated Member, please contact us via the Service or at [email protected]
15.8. Currently we do not allow you to request the delivery of gifts to, personal contact details of, or personal meeting with, any members other than Validated Members. Validated Members may have access to additional features of the Service. We may require Validated Members to agree to terms of using the Service that may be different from, or additional to, the terms set forth in this Agreement.
16. PERSONAL MEETINGS
16.1. PLEASE USE CAUTION AT ALL TIMES WITH RESPECT TO YOUR ARRANGEMENTS FOR YOUR PERSONAL MEETINGS, AS THESE ARE ENTIRELY AT YOUR OWN RISK.
16.2. We may allow you the opportunity to make a request through our Service for a personal meeting with a Validated Member. We may charge you for this service at the price (which may be a price in Credits) shown to you. In this case, the scope of services provided by us (in each case either directly or through our Supplier) in respect of the personal meeting request is as follows:
16.2.1. we collect your request for the meeting with a specified Validated Member, which may include your preferences as to the time of the meeting;
16.2.2. we request the Validated Members’ consent to the personal meeting with you;
16.2.3. iii. we process the paperwork relating to such consent; and
16.2.4. iv. we let you know of the results via the Service. If the Validated Member agrees to the meeting, we may also provide you with:
188.8.131.52. the contact details of the Validated Member, the Validated Member’s representative, an employee of the relevant Supplier, or another person not associated with us that may assist in further arrangements for the personal meeting (the “Contact Person”); and/or
184.108.40.206. further information about the meeting, such as the planned time and place.
16.3. All such contact details and information are provided to you as received by us from the Validated Member or the Supplier, without any warranty, verification or checks from us.
16.4. Except as expressly listed in (a) above, we do not provide any other services in connection with your personal meeting, and do not take part in any arrangements relating to it. All such arrangements, including without limitation (and where applicable) any travel, entry clearance, relations with authorities, accommodation, and personal health and safety, are entirely your responsibility, and are not part of the Service. Please take care when making such arrangements as they may carry risks.
16.5. If you choose to contact and/or enter into any arrangements with our Supplier, the Supplier’s employees, agents, servants or representatives, the Contact Person (as defined in (a) above), any person referred to you by any of them, and/or any other third party (each of them, a “Third Party”) – for example, if you choose to purchase any of their services relating to any personal meeting – you do so entirely at your own risk, and we assume no responsibility for the conduct (including any criminal conduct) of the Third Parties.
16.6. Without limiting the generality of the other provisions of these Terns, we make no representations or warranties regarding any Third Parties, and in particular we do not make any recommendations for you to purchase the services of any Third Parties.
16.7. You understand that we do not undertake to: (i) carry out criminal or other background checks on any Third Parties; or (ii) to require our Suppliers to do so.
17. THIRD-PARTY LINKS AND WEBSITES
17.1. We may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
17.2. You acknowledge and agree that we provide access to such third-party links and access to third-party websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party links or websites.
17.3. Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
18. Modifications and Interruptions
18.1. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify, temporarily or permanently, the Service (or any part thereof) at our sole discretion at any time or for any reason without notice to you.
18.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
18.3. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
18.4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
18.5. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
19. Governing Law and Dispute Resolution
These Terms are governed by, and construed in accordance with the law of England and Wales (excluding conflict of laws provisions). The parties submit to the exclusive jurisdiction of the English courts for any proceedings in connection with these Terms.
20. Entire Agreement
This Agreement and all other provisions referenced herein contains the entire agreement between you and us regarding the use of the Service. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.
There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, 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 at the Service at any time, without prior notice.
22.1. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
22.2. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE 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 SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 SERVICE.
22.3. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, 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.
22.4. 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.
23. LIMITATION OF LIABILITIES
23.1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES 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 SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.2. 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 DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.
23.3. 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.
24.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors 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 Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
24.2. 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.
25. Electronic Communications, Transactions, and Signatures
25.1. Using the Service, sending us emails, completing online forms and using any other form of communication via the Service 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 at the Service, satisfy any legal requirement that such communication be in writing.
25.2. 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 SERVICE.
25.3. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE SERVICE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
25.4. 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.
26.1. These Terms and any policies or operating rules posted by us at the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms 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.
26.2. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms 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 Terms or use of the Service.
26.3. You agree that these Terms 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 Terms and the lack of signing by the parties hereto to execute these Terms.
27. Force Majeure
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay our performance.
28. Contact Details
DERRIBAR VENTURES LTD
Spyridonos Lampou, 10, 3106, Limassol, Cyprus
Contact email: [email protected]
Last updated: February 20, 2020